1 B.

COM [F and A] B REGISTER NUMBER-32 and 36

 This

presentation is on the case given to

us. It discusses about the CAPCITY TO CONRACT AND LEGALITY TO CONTRACT.

 Capacity

means competence (i.e capability) of the parties to enter into a valid contract. According to Sec 11. ``Every person is competence, to contract who is of the age of majority according to the law to which it has subject, and who is of sound mind,and is not disqualified from contracting by any law to which he is subjected

 According

to sec.12 of Indian contract act,``A person is said to be of sound mind for the purpose of making a contract, if at the time when he makes it, is capableto understand the terms of contract to form a rational judgement as to its effect upon his intrest

 An

drunkard is a person, who is of under influence of alcohol,when he is drunk he cant understand so all the contact entered is void. Lunatic person is one who is mentally disturbed due to some mental strain and any contract entered by them is void ab initio.but if the unsoundness is not permanent then he can enter into contract at lucid intervals.

Q.MR kaushik suffers from cyclical downs syndrome and he is lodged in NIMANS. The parents get him released after 8 months of hospitalization on a personal bond on 2nd october 1999 and get him married on 8th october 1999. on 10th october conditon becoming serious,parents again admit him to nimans.

 Mr.Vimal

is heavily drunk one evening when Mr suresh approches him with another glass of liquor and obtain his signature on a deed of gift.

 Apply

the appropriate provision of law and determine the validity of the above and do you think the legal interpretation in both the case will be same??

 CASE-1:here,we

know if kaushik was in lucid interval its an valid contract. but here in question there is no mention about the lucid interval instead the parents have taken him on the personal bond therefore, it can be void contract because of law of lunitics.

 CASE-2.here

it is clearly mentioned that vimal was drunk and we know any contract entered by drunkards are void.