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Made By : Prachi Gupta
According to Section 11 every person is
competent to contract who :
 Is the age of majority ,
 Is of sound mind and
 Not disqualified from contracting by law to
which he is subject .
 Minors ,who are not of the age of
majority .
 Persons of unsound mind ,and
 Persons disqualified to contract by
any law
According to Section 3 of INDIAN MAJORITY
ACT,1875 a minor is a person who has not
Attained the age of 18 years .
 Dharmodas , a minor executed lent a money for Rs.
20000 at 12% interest means Rs 8000 and secured the
loan by way of mortgage executed by the MINOR in
favour of the Dharmodas ghose
 The mortgage wanted the refund of Rs 8000
 Later the mother of the children claim that the mortgag
was void for lack of capacity .
 It was held that the agreement with MINOR was
VOID AB INITIO and question of refunding money
does not arise .
 The council held the capacity by the minor
is void
 The minor has no capacity to contract
hence the mortgage was not valid
 He cannot be compelled to repay the
amount advanced to him
 As he is not bound by the promise made
by him under the contract
 An agreement with a MINOR , being absolutely
void ,and cannot be ratified by him on his becoming
a major .
 A MINOR cannot be declared as insolvent .
 A MINOR cannot become a partner but may be
admitted for the benefits of partnership if other
partner agrees.
 No liability of guardian for the acts of MINOR
 A MINOR cannot become a member of a company .
According to SECTION 12 , a person is said
to be of sound mind when he is capable of
understanding the terms of contract and he
can take judgement about its effects .
 Idiots : has completely lost his mental
power
 Lunatic
 Drunken
 Alien Enemy
 Convict
 Insolvent
 Married woman

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capacity to contract

  • 1. Made By : Prachi Gupta
  • 2. According to Section 11 every person is competent to contract who :  Is the age of majority ,  Is of sound mind and  Not disqualified from contracting by law to which he is subject .
  • 3.  Minors ,who are not of the age of majority .  Persons of unsound mind ,and  Persons disqualified to contract by any law
  • 4. According to Section 3 of INDIAN MAJORITY ACT,1875 a minor is a person who has not Attained the age of 18 years .
  • 5.  Dharmodas , a minor executed lent a money for Rs. 20000 at 12% interest means Rs 8000 and secured the loan by way of mortgage executed by the MINOR in favour of the Dharmodas ghose  The mortgage wanted the refund of Rs 8000  Later the mother of the children claim that the mortgag was void for lack of capacity .  It was held that the agreement with MINOR was VOID AB INITIO and question of refunding money does not arise .
  • 6.  The council held the capacity by the minor is void  The minor has no capacity to contract hence the mortgage was not valid  He cannot be compelled to repay the amount advanced to him  As he is not bound by the promise made by him under the contract
  • 7.  An agreement with a MINOR , being absolutely void ,and cannot be ratified by him on his becoming a major .  A MINOR cannot be declared as insolvent .  A MINOR cannot become a partner but may be admitted for the benefits of partnership if other partner agrees.  No liability of guardian for the acts of MINOR  A MINOR cannot become a member of a company .
  • 8. According to SECTION 12 , a person is said to be of sound mind when he is capable of understanding the terms of contract and he can take judgement about its effects .
  • 9.  Idiots : has completely lost his mental power  Lunatic  Drunken
  • 10.  Alien Enemy  Convict  Insolvent  Married woman