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  • Consideration &: Competency To Contract

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    Arnav P Kumar
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    - The document discusses consideration and competency to contract under Indian law. It outlines exceptions to the rule of privity of consideration such as beneficiary contracts. - It also examines who qualifies as a competent party to form contracts, specifically addressing minors. Contracts formed by minors are void ab initio but minors may be liable for necessaries. Restitution principles apply for fraudulent contracts formed by minors. - Exceptions to competency include minors, people of unsound mind, insolvents, and alien enemies under Indian law.

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    Lecture 7 and 8

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    - The document discusses consideration and competency to contract under Indian law. It outlines exceptions to the rule of privity of consideration such as beneficiary contracts. - It also examines who qualifies as a competent party to form contracts, specifically addressing minors. Contracts formed by minors are void ab initio but minors may be liable for necessaries. Restitution principles apply for fraudulent contracts formed by minors. - Exceptions to competency include minors, people of unsound mind, insolvents, and alien enemies under Indian law.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    22 views8 pages

    Consideration &: Competency To Contract

    Uploaded by

    Arnav P Kumar
    - The document discusses consideration and competency to contract under Indian law. It outlines exceptions to the rule of privity of consideration such as beneficiary contracts. - It also examines who qualifies as a competent party to form contracts, specifically addressing minors. Contracts formed by minors are void ab initio but minors may be liable for necessaries. Restitution principles apply for fraudulent contracts formed by minors. - Exceptions to competency include minors, people of unsound mind, insolvents, and alien enemies under Indian law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 8

    Consideration &

    Competency to contract
    Law in India
    • Section 2(e)of the Act r.w Section 25 of the Act
    • Privity of consideration in India
    • Exceptions to the rule of Privity in India:
    • Jamuna das vs Ram avtar – Khawaja muhammed khan vs Husaini
    Begum
     Concept of Beneficiary:
    M C Chacko vs State of Travancore
    KhirodBehariDutt v. Man Gobinda
    Utair Aviation vs Jagson Airlines Limited & Another 2012, Del HC
    Contd….
    • Who is Beneficiary
    Kedar Das Mohta v. NandLalPoddar
    Rana Uma Nath Baksh Singh v. Jang Bahadur
    Other Exceptions
    Land Covenants
    Agency
    Marriage settlements
    Agency
    Holder in due course for any Negotiable Instrument
    Competent to contract
    • Section 10 and Section 11 of the Act
    • Capacity to contract and Competency to contract
    • Minor
    • Persons of Unsound Mind
    • Persons who are disqualified by law
     Alien Enemy
    Insolvents
    Minor

    • Mohoree Bibi vs Dharmodas Ghosh 1903 Privy Council


    Natures of Minor Contract
    Restitution against Fraudulent Minor
    • A.T. Raghava Chariar vs O.A. Srinivasa Raghava Chariar
    Effect of Minors Agreement
    • Void Ab initio
    • No Estoppel: Bhimappa vs Balan Gowda Bhimgowda 1931
    • Ratification of the Act done in Minority
    • No liability under Contract or Tort
    Minor and Restitution
    • What is Restitution???
    • Position of Minor
    • What can be Restored- money- goods- property
    • Leslie vs Sheill : “Restitution stops where Repayment Begins”
    • Indian Position:
    Khan Gul vs Lakha Singh
    Ahudia Prasad vs Chandan Lal
    Section 33 of Specific Relief Act
    Contd…
    • Liability for Necessaries: Section 68 ICA
    • Contracts of Services- Raj Rani vs Prem Adib 1948 Bombay High Court

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