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Chapter 9
Slide 1
Definition of Capacity
A person must have the ability to give consent before he can be legally bound to an agreement, thus capacity is the ability to incur legal obligations and acquire legal rights
Section 11 of the Indian Contract Act 1872 deals with the competency of parties and provides that every person is competent to contract (i) Who is of age of majority (ii) Who is of sound mind (iii)Who has not been disqualified by law from entering into a contract
Minors
A minor is a person who is under the age of 18 years old As they have less experience, the law tries to protect minors from situations where they might enter into contracts which do not benefit them
Effect of minors agreement 1. An agreement with minor is void [Case: Mohiri Bibi v. Dharmodas Ghose] Dharmodas Ghose, a minor, borrowed a sum of Rs 20000 from M by executing a mortgage of his property in favour of M. Out of which M paid the minor a sum of Rs 8000. Subsequently D sued for setting aside the mortgage, stating that he was underage when he executed the mortgage.
Held: Mortgage was void and lender was not entitled to repayment of money
5. If a minor has received any benefit under a void contract, he cannot be asked to refund the same. 6. A minor cannot enter into contract of partnership. Can be admitted to benefit 7. Minors parents/guardians are not liable to a minors creditor for the breach of contract by the minor. parents are liable where the minor is acting as an agent of the parents or the guardian.
8. A minor can act as an agent and bind his principal by his acts without incurring any personal liability. 9. Liability for tort: civil wrong not criminal Minor is liable in a tort If tort arises out of a contract a minor is not liable:
10. No insolvency: Cannot be declared insolvent 11. Joint contract by a minor and an adult: Adult liable 12. Liability for the necessaries supplied or necessary services rendered to him: Not personally liable, paid out of his property.
Services Rendered also include necessaries Education, training for a trade,medical advice, legal advice, Loan incurred to obtain necessaries also bind minor although not personally liable, his estate liable for such loans.
Two tests of soundness are: (i) Capacity to understand the contract (ii) Capacity to form rational judgment as to its effects upon his interests
A person who is usually of unsound mind but occasionally of sound mind, make valid contract when of sound mind. A person usually of sound mind, occasionally of unsound mind, cannot make contract when of unsound mind. If a person challenges that he was of unsound mind, must prove to satisfy the court.
If a person of unsound mind makes a contract for supply of necessaries to him, then the compensation to the supplier may be paid out of that persons property. But he cant be held personally liable.
1) Alien Enemy citizen of another country which is at war with India. a. contract made during war void b. contract made before war suspended during war period & may be revived later on.
2) Foreign diplomats & ambassadors They can make contracts & enforce them in our courts. But if an Indian wants to sue him over a contract, he has to take prior permission from Govt. of India.
3) Corporation/Company a. Company its contractual capacity is determined by its Memorandum of Association b. Statutory Corporation its contractual capacity is determined by the statute under which it was created.
4) Convicts a. contract made during the period of his imprisonment void b. contract made after the expiry of imprisonment period valid & enforceable.
5) Insolvent when a persons debts exceed his assets, he is adjudged insolvent, & his property is transferred to the Official Receiver appointed by the court. Contracts made by an insolvent relating to such property will be void.
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