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Capacity to contract - Contract, Business Law Video Lecture | Business Law - B Com

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FAQs on Capacity to contract - Contract, Business Law Video Lecture - Business Law - B Com

1. What is the capacity to contract?
Ans. Capacity to contract refers to a person's legal ability to enter into a contract. It involves the mental and legal competence of an individual to understand the terms and consequences of a contract and be bound by its obligations.
2. What factors determine the capacity to contract?
Ans. The capacity to contract is determined by several factors, including age, mental soundness, and legal status. Generally, individuals must be of legal age (usually 18 years old) and have a sound mind to be considered legally capable of entering into a contract.
3. Can minors enter into contracts?
Ans. Minors, typically individuals under the age of 18, have limited capacity to contract. While they can enter into certain types of contracts, such as contracts for necessities, most contracts entered into by minors are considered voidable. This means that the minor can choose to enforce or disaffirm the contract upon reaching the age of majority.
4. What happens if a person lacks mental capacity to contract?
Ans. If a person lacks mental capacity, such as being mentally ill or intoxicated, their capacity to contract may be impaired. In such cases, the contract may be voidable if the other party was aware of the person's mental incapacity. The person lacking mental capacity can choose to affirm or disaffirm the contract once they regain mental competence.
5. Can individuals with a legal disability enter into contracts?
Ans. Individuals with a legal disability, such as those who are declared bankrupt or have been legally declared incompetent, generally lack the capacity to contract. Contracts entered into by individuals with a legal disability may be considered void or voidable, depending on the circumstances. It is important to consult with legal professionals when dealing with contracts involving individuals with legal disabilities.
33 videos|59 docs|18 tests
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