Académique Documents
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Culture Documents
Assignment No.1
a) Minors
c) Persons who are declared incompetent through their status (political, corporate, legal
etc).
a)Minors
As defined in section of the Indian Majority Act, 1857, a minor is a person who has
not completed 18 years of age. But then, in the following two specific cases, a minor is said
to attain the majority on the completion of his 21 years of age, instead:
a) Where a guardian of minor’s persons or property has been appointed under the
Guardian and Wards Act,1890,or
b) Where a Court of Wards assumes the superintendence of the minor’s property.
mortgage for the sum of ` 20, 000/- out of which he received ` 8, 000/-. Minor filed a
suit subsequently for setting aside the mortgage. The money lender claimed refund
of ` 8, 000/- from the minor. It was held that minor’s contract is all together void and
the money lender, therefore, cannot recover the amount. A minor’s contract being
absolutely void, he can neither sue nor be sued upon it.
6. Insolvency
A minor cannot be adjudged insolvent as he is incapable of contracting.
7. Relinquishment by a minor
A release by a minor of his rights in a property is absolutely in fructuous in
law.
8. Service contracts
a) A contract for personal service by minor is void under Indian law and the
mere fact it is for his benefit would not entitle the minor to sue under the
contract.
b) A minor may bind himself to a contract of apprenticeship if it be for his
benefit but he cannot be sued for failing to serve as such.
c) Contract with minor does not create legal contractual relationship between
the parties. Minor girls entering into a contract of service with a person can
leave the service at any time without committing any actionable wrong.
Exceptions to the rule that minor’s contract is absolutely void – when can a minor
contract?
1. Promisee or transferee
A minor can be a promisee or transferee. Law does not regard a minor as
incapable of accepting benefit. Example:- A promissory note executed in favour of a
minor can be enforced by the minor. A minor is allowed to enforce a contract which
is of some benefit to him and under which he has to bear no obligation.
2. Agency
A minor can act as an agent. He can bind his principal by his act but unlike
other agents, he is not liable to his principle of acts.
3. Partnership
A minor cannot enter into a contract of partnership as a full-fledged partner
though he may be admitted to the benefits of partnership by his guardian with the
consent of other partners, provided it is supported by necessity or benefit. A minor
partner cannot be personally liable for any obligations of the firm, but minor’s share
alone in the property of the firm is liable. Personally, he is not liable.
4. Necessaries
If a person supplies necessaries to a minor or to minor dependants, which he
actually needs, whom the minor is bound to support , the person who supplies such
necessaries is entitled to be reimbursed from the properties of such a minor. A
minor is therefore, liable to pay out of his property for necessaries supplied to him,
or to his minor dependants whom he is legally bound to support.
Example: A supplies B, a lunatic, with necessaries suitable to his condition in life, A
is entitled to be reimbursed from B’s property.
It should be noted that the minor’s property is liable to compensate for
necessaries supplied and not the minors personally.
According to Section 12 of the purpose of the Indian Contract Act, “A person is said
to be of sound mind for the purpose of making a contract, if at the time when he makes it, is
capable
Thus, if a person is not capable of both, he is said to have suffered from unsoundness
of mind. These examples of persons having an unsound mind include idiots, lunatics and
drunken persons. A person who is so mentally deficient by birth as to be incapable of
ordinary reasoning or rational conduct is said to be an ‘idiot’. A person affected by lunacy is
said to be ‘lunatic’. A person can become lunatic at any stage of his life.
Position of a Person who is Usually of Unsound Mind but Occasionally of Sound Mind
According to Section 12, “A person who is usually of unsound mind but occasionally
of sound mind may make a contract when he is of sound mind.”
Example: A patient in a lunatic asylum who is at intervals of sound mind may contract
during those lucid intervals.
Position of a Person who is usually of Sound Mind but Occasionally of Unsound Mind
According to Section 12, “A person who is usually of sound mind but occasionally of
unsound mind may not make a contract when he is of unsound mind.”
Example: A sane man is so drunk that he cannot understand the terms of a contract or
form a rational judgment as to its effect on his interest, cannot enter into contract whilst
such drunkenness lasts.
Burden of Proof
Besides minors and persons of unsound mind, there are others who are disqualified
from contracting under the provision of some other laws. Such persons have been shown in
the below figure.
a) Alien enemy
An alien is a person who is the citizen of a foreign country. An alien may
either an alien friend or an alien enemy.
An alien whose country is at peace with the Republic of India is called as
alien friend. He has usually the full contractual capacity.
An alien whose country is at war with the Republic of India is called an alien
enemy.
His contractual capacity can be summarized as under:
1. Positions of contracts during the An alien enemy can neither enter into
war any contract nor can be sued in an
Indian Court except by license from the
Central Government.
c) Convicts
A person is called a convict during his period of sentence. His contractual
capacity is summarized as under:
d) Company under the companies Act or Statutory Corporation under the Special
Act of Parliament
The contractual capacity of the company and the statutory corporation is
summarized as under:
e) Insolvents
When a person’s debts exceed his assets, he is adjudged insolvent and his
property stands vested in the Official Receiver or Official Assignee appointed by the
Court. Such person –
1) Cannot enter into contracts relating to his property,
2) Cannot sue,
3) Cannot be sued.
Note: When the insolvent is discharged, the aforesaid disqualification is removed.
Appendix
Voidable Contract
A voidable contract is one, which could be repudiated but at the option and
will only of one of the parties involved. Thus such contract would be deemed to
valid and binding, unless it is specifically repudiated by the party, entitled to do so.
It is affected by one or more of the flaws, like simple misrepresentation, fraud,
coercion and undue influence.
Void Contract
As against voidable which could be set aside by only one of the parties, in
case of void contract, it cannot be enforced even by either of the two parties
involved, inasmuch as such agreements are invalid and void ab initio(right from the
beginning), and, thus, is unenforceable in law.
Estoppel
Estoppel is a rule of evidence. When a man has by words, spoken or written,
or by conduct, induced another to believe that certain state of things exist, he will
not be allowed to deny the existence of that state of things.