PPT - Capacity to Contract B Com Notes | EduRev

Business Law

Created by: Universal Academy

B Com : PPT - Capacity to Contract B Com Notes | EduRev

 Page 1


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
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