Presentation of Law at Depaul institute of science and technology

1. 1
SUBJECT : LAW

2. TOPIC
2
INTRODUCTION ,MINOR
FREE CONSENT
PERSON S DISQUALIFIED BY LAW
PERSONS OF UNSOUND MIND
PARTIES TO CONTRACT MUST BE COMPLICATED TO CONTRACT . EXPLAIN?
Law
FRAUD
MISREPRSENTATON
MISTAKE

3. 3
Topic And Contents
“ PARTIES TO CONTRACT MUST BE COMPETENT TO CONTRACT ” . Persons are Incapable of Competing to a
Contract ,- Minor , - Person of unsound mind ,- Person Disqualified by law.
INTRODUCTION ,MINOR

4. 4
Topic And Contents
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PERSONS OF UNSOUND MIND

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A person who is not an Indian citizen
is called an alien.Convicts: A convicted
person, during the period of
imprisonment, cannot enter into a
contract. After the imprisonment is over,
he becomes capable of entering into a
contract.
PERSON S DISQUALIFIED BY LAW
According to Section 13, " two or more persons
are said to be consented when they agree upon
the same thing in the same sense. According to Section
14, Consent is said to be free when it is not caused by coercion
or undue influence or fraud or misrepresentation or mistake.
FREE CONSENT
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UNDUE INFLUENCE

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Fraud is a broad term that refers to a variety of
offenses involving dishonesty or "fraudulent
acts" In essence,Fraud is the intentional deception
of a person or entity by another made for monetary
or personal gain. Fraud offenses always include
some sort of false statement, misrepresentation, or
deceitful conduct.
FRAUD
Misrepresentation is a concept in the contract law of
England and some other Commonwealth countries, referring to
a false statement of fact made by one party to another party,
which has the effect of inducing that party into the contract.
MISREPRSENTATON
MISTAKE
Mistake of law is a legal principle referring to one or more
errors that were made by a person in understanding how the
applicable law applied to their past activity that is under analysis by
a court. In jurisdictions that use the term, it is differentiated from
mistake of fact.

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“ PARTIES TO CONTRACT MUST
BE COMPETENT TO CONTRACT ”
• Indian Contract Act 1872 is the main source of law regulating contracts in Indian law , as subsequently amended.
• An agreement becomes a contract if it is entered into between the parties who are competent to contract. Every person
is competent to contract
• The law generally presumes that everyone has the capacity to contract. But if a party does lack capacity, then the
contract is usually voidable and the party without capacity may avoid the contract.
• Each contract creates some right and duties upon the contracting parties. Indian contract deals with the enforcement
of these rights and duties upon the parties

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“Persons are Incapable
of Competing to a Contract”
• A minor
• Person of unsound mind
• Person Disqualified by law

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According to Section 3 of the Indian Majority Act, 1875, :-
“A minor is a person who has not completed
18 years of age.”
MINOR
1
WHY SHOULD MINORS BE PROTECTED ?
A minor has a immature mind and cannot
think what is good or bad for him .Minors
are often exploited. So he must be
protected by law from any exploitation but
at the same time, the law must not cause
unnecessary hardship to the persons who
deal with minors

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Minor’s contact is void. No ratification.
Minor as an agent. Minor as a partner.
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21
MINOR 'S AGREEMENTS
5
Minor’s Liability for necessaries.
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Position of minor’s parents.

11. FRAUD
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Fraud means intentional or wilful representation o fact. When wrong
Representation is made by a party with the intention to device the other party or to cause him to enter into a contract, it is said to
be fraud .

12. ELEMENTS OF FRAUD
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The fraudulent act must have been committed by
a party to the contract
There must be a representation or suggestion
or assertion of a fact which must be false.
There must be active or wilful concealment
of a fact

13. 13
An act or representation etc. must be done
or made with an intention to deceive the other
party.
If an act or omission has specially been
declared by law to be fraudulent, it
amounts to fraud.
Promise made without intention of performing it

14. 14
The representation etc. must relate to a fact.
The other party must have been deceived
The party acting on the representation must
have suffered some loss.

15. MISREPRESENTATION
15
MISREPRESENTATION
A false representation made with an intention to
Induce other party is fraud. But if misrepresentatio
is made innocently it resulted only simple
misrepresentation.
Misrepresentation means misstatement of a fact
material to a contract. Misrepresentation is a false
statement which the person making it honestly
Believes to be true or which he does not know
to be false

16. Essentials of Misrepresentation
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• The representation should me made innocently, that is
honestly believing it to be true and without the intention
of deceiving with the other party
• It should be the facts of material to the contract and not
to mere opinion or pure say
• The representation must be untrue, but the person
making it should honestly believe it to be true .
• The representation must be made with a view to inducing
the other party to enter to a contract and the other party
must have acted on the faith of the representation .

17. Effect of Misrepresentation
17
02
He may accept the contract, and
insist that he shall be put in the
position in which he would have
been, if the representation made
have been true
01
He can rescind .i.e, cancel the
contract