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Capacityto contract

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  • 1. CAPACITY TO CONTRACT
  • 2. DEFINITIONAccording to Sec.11, every person is competent to contract who:a) Is of the age of majority, according to the law to which he is subject.b) Is of sound mind, andc) Is not disqualified from contracting by any law to which he is subject.
  • 3. According to Sec.11, declares the following to be incompetent:1. Minors,2. Person of unsound mind,3. And person disqualified by any law to which they are subject.
  • 4. Minorso An agreement with or by a minor is void & inoperative ab initio.o He can be a promisee or beneficiary.o His agreement cannot be ratified by him on attaining the age of majority.o He can always plead minority.o There can be no specific performance of the agreement entered into by him.o He cannot entered into a contract of partnership.o He cannot be adjusted insolvent.o His liable for the necessaries.o He can be an agent.o His parents/guardian are/ is not liable for the contract entered into by him.o A minor is liable in tort.
  • 5. Persons of unsound minda) Lunaticsb) Idiotsc) Drunken or intoxicated persons
  • 6. Other persons1. Alien enemy2. Foreign sovereigns, their diplomatic staff and accredited representatives of foreign state.3. Corporations4. Insolvents5. Convicts