contractual capacity
Post on 20-Aug-2015
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18/04/23 03:05 Raza Lilani . razamr@hotmail.com
1. Age of Majority
2. Persons of Sound Mind
3. Persons NOT Disqualified
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Age of Majority is 21 years according to Majority Act 1857
AssignmentNature Of Minor’s Agreement
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Section 12 of Contract Act, 1872
A person is said to be of sound mind for the purpose of making a contract if, at the time when he makes it, he is capable of undertaking it and of forming a rational judgment as to its effect upon his interests.
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind.
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound .mind.
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
. A patient in a lunatic asylum; who is at intervals of sound mind.
He may contract during those intervals
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of contract or form a rational Judgment as to its effect on his interest
He cannot contract whilst such delirium or drunkenness lasts.
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Disqualified by any law:PoliticalProfessional orLegal statute
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Person: Natural▪ Joint Stock Company
Artificial▪Diplomatic Agent▪Alien enemies▪ Insolvent▪Convict
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Section 13
Two or more persons are said to consent when they agree upon the same thing in the same sense.
18/04/23 03:05 Raza Lilani . razamr@hotmail.com
Nature of Minor’s Agreement Coercion as defined in section 15 Undue Influence as defined in section 16 Difference between Coercion and Undue
Influence Fraud as defined in Section 17 Misrepresentation as defined in section
18 Mistake as defined in section 19 Difference between Fraud and
Misrepresentation
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