Business Law

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Business Law

  1. 1. Case Mohori Bibee Vs. Dharmodas Ghose BY: M.V.KARTHIK Gitam School Of International Business
  2. 2. INTRODUCTION OF THE CASE: Appellant(Plaintiff) : Mohori Bibee Advocate for Appellant : Watkins Respondent (Defendant): Dharmodas Ghose Advocate for Respondent : W.W. Box Judge : Lord Macnaghten; Lord Davey; Lord Lindley; Sir Ford North; Sir Andrew Scoble; Sir Andrew Wilson, JJ. Court : Kolkata Reported in : (1903)30IndianAppeals114 Decided On : Mar-04-1903 Acts : Indian Evidence Act, 1877 - Section
  3. 3. CASE: • The Dharmodas Ghose lent the MINOR the sum of 20,000 rupees at 12% interest and secured the loan by way of mortgage executed by the MINOR in favour of the Dharmodas Ghose. • Later the mother of the children claim that the mortgage was void for lack of capacity.
  4. 4. Capacity to Contract Essentials of a Valid Contract • Section 10: The parties involved in the contract should be competent to make the contract. • Section 11: Every person is competent to contract who is of age of majority according to the
  5. 5. Disqualifications to compete for a contract • A person who has not attained the age of majority according to the law. • A person who is of unsound mind. • A person who has been disqualified from contracting by some law.  The position of a minor
  6. 6. • The council held the contract by the minor as 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. 7. Law of estoppel • A legal tool used when someone contra • Low of estoppel is not applicable to min • The purpose of the policy is to protect

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