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CAPACITY TO 
CAPACITY TO 
CONTRACT
CONTRACT
Page 2


CAPACITY TO 
CAPACITY TO 
CONTRACT
CONTRACT
Meaning & Definition…
• According to section 11 of the contract 
act:
“ 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, and is not disqualified from 
contracting by any law to which he is 
subject.”
Page 3


CAPACITY TO 
CAPACITY TO 
CONTRACT
CONTRACT
Meaning & Definition…
• According to section 11 of the contract 
act:
“ 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, and is not disqualified from 
contracting by any law to which he is 
subject.”
Persons disqualified from 
entering into the contract…
• Minors, who are not of the age of 
majority.
• Persons of unsound mind, and 
• Persons disqualified to contract by 
any law ( Insolvents )
Page 4


CAPACITY TO 
CAPACITY TO 
CONTRACT
CONTRACT
Meaning & Definition…
• According to section 11 of the contract 
act:
“ 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, and is not disqualified from 
contracting by any law to which he is 
subject.”
Persons disqualified from 
entering into the contract…
• Minors, who are not of the age of 
majority.
• Persons of unsound mind, and 
• Persons disqualified to contract by 
any law ( Insolvents )
MINOR
• Who is a minor – Acc. To sec 3 of 
Indian majority act, 1875, a minor is 
a person who has not attained the 
age of 18 years. 
Page 5


CAPACITY TO 
CAPACITY TO 
CONTRACT
CONTRACT
Meaning & Definition…
• According to section 11 of the contract 
act:
“ 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, and is not disqualified from 
contracting by any law to which he is 
subject.”
Persons disqualified from 
entering into the contract…
• Minors, who are not of the age of 
majority.
• Persons of unsound mind, and 
• Persons disqualified to contract by 
any law ( Insolvents )
MINOR
• Who is a minor – Acc. To sec 3 of 
Indian majority act, 1875, a minor is 
a person who has not attained the 
age of 18 years. 
Rules relating to an 
agreement with a minor 
• First rule- law protects minors 
against their own inexperience & 
against the possible improper designs 
of those more experienced
• Second rule-the law should not cause 
unnecessary hardship to persons who 
deal with minors
Read More
33 videos|59 docs|18 tests

FAQs on PPT - Capacity to Contract - Business Law - B Com

1. What is the capacity to contract in business?
Ans. The capacity to contract refers to a person's legal ability to enter into a contract. It determines whether a person has the legal capacity to understand the terms of a contract, make decisions, and be bound by the contract. In business, having the capacity to contract is essential to ensure that all parties involved have the legal authority to enter into a binding agreement.
2. What factors determine a person's capacity to contract?
Ans. Several factors determine a person's capacity to contract. These include age, mental capacity, intoxication, and legal status. For example, minors usually have limited capacity to contract, and their contracts may be voidable. Similarly, individuals with mental disabilities may have limited capacity, and contracts made under the influence of drugs or alcohol may be considered voidable.
3. Can a minor enter into a contract?
Ans. Yes, a minor can enter into a contract, but their capacity to contract is limited. Contracts made by minors are generally voidable, meaning that they can choose to enforce or disaffirm the contract upon reaching the age of majority. However, certain contracts, such as those for necessities like food, clothing, and shelter, may be binding on minors.
4. How does mental capacity affect the capacity to contract?
Ans. Mental capacity plays a crucial role in determining a person's capacity to contract. Individuals with mental disabilities, such as those who are mentally ill or intellectually disabled, may have limited capacity. If a person lacks the mental capacity to understand the terms of a contract or make informed decisions, their capacity to contract may be questioned.
5. What is the legal status of contracts made under the influence of drugs or alcohol?
Ans. Contracts made under the influence of drugs or alcohol may be considered voidable. When a person is intoxicated, their judgment and decision-making abilities may be impaired, leading to contracts that they may not fully understand or consent to. It is important to note that not all contracts made under the influence are automatically void, but they may be challenged in court if one party can prove that the intoxicated party lacked the capacity to contract.
33 videos|59 docs|18 tests
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