Professional Documents
Culture Documents
Will be able to explain : - Who are the competent persons to enter in to a Contract. TOPICS FOR DISCUSSION : -Persons competent to enter in to Contract, -Age of majority -Sound Mind, -Forbidden by law, What is Free Consent ?
Capacity to Contract
Section 11:
Every person is competent to contract : - who is of the age of majority , according to the law to which he is subject , - who is of sound mind , - not disqualified from contracting by any law to which he is subject .
Age of majority under different laws. Any agreement with a Minor is void.
Under the following circumstances , a contract with a minor is valid: -For supply of necessaries , -For education imparted , -For discharge of family & legal obligation incurred for the benefit of the minor. There is no estoppel against the minor. The minor can be a beneficiary for the benefit of profit without any liability. Minor can deposit money in the bank , but cannot borrow.
Cases
X is a deaf & dumb desires to buy a vehicle on hire purchase. Can he do so?
A minor borrowed Rs 20,000/ by mortgaging his property. But , minor failed to repay the loan . Can the lender recover the money from the minor?
Punjab National Bank
Free Consent
Section 13: Consent :Two or more persons are said to consent when they agree upon the same thing in the same sense. Consent to be free it must have been given & not obtained . Consent is said to be free ,when it is not caused by : - Coercion or - Undue influence or - Fraud or - Misrepresentation or - Mistake .
Punjab National Bank
In this Session we Summary have learnt: Important Provisions relating to: The competent persons to enter in to a Contract. In the Next session we will discuss: What is a free consent as per the Contract Act not caused by 1) Coercion , 2) Undue influence, 3) Fraud, 4) Misrepresentation 5) Mistake of Law.
Punjab National Bank