Capacity To CONTRACT

T.
LAKSHMI
ASSISTANT
PROFESSOR
SCHOOL OF LAW
The parties who enter into a contract must
have the capacity to do so.
“Capacity “here means competence of the
parties to enter into a valid contract.
According Sec.10 , an agreement becomes a
contract if it is entered into between the
parties who are competent to contract.
According Sec .11, every person is
competent to contract who (a)is of the age
of majority according to the law to which he
is subject,(b)is of sound mind, and (c)is not
qualified from contracting by any law to
which he is subject.Thus,Sec 11 declares
following persons to be incompetent to
contract:
1. Minors
2.Persons of unsound mind
3. Persons disqualified by any law to which
they are subject.
According to Sec 3 of the Indian Majority
Act, 1875, a minor is a person who has not
completed eighteen years of age.
In following cases he attains majority after
21 years of age:
1.where a guardian of minor person or
property has been appointed under guardians
and wards act,1890 or,
2.where the superintendence of minor’s
property is assumed by a court of wards.
The position of minor as regards his
agreements may be summed up as under:
1. An agreement with or by a minor is void
and inoperative ab initio.(mihiribibi v
Dharmodas Ghose(1903)
2.He can be a promisee or beneficiary.
3.His agreement cannot be ratified by him on
attaing the age of majority.
4.If he has received any benefit under a void
agreement, he cannot be asked to
compensate or pay for it.
One of the essential conditions of
competency of parties to a contract is that
they should be of sound mind.
Sec 12 lays down the soundness of mind:
“A person is said to be of sound mind for the
purpose of making the contract if,at the time
when he makes it, he is capable of
understanding it and of forming a rational
judgement as to its effect upon his
interests.
A person ,who is usually of unsound mind but
occasionally of sound mind, may make a
contract when he is of sound mind.
A person ,who is usually of sound mind but
occasionally of unsound mind, may not make
a contract when he is of unsound mind.
Eg:A person is a lunatic ,who is at intervals of
sound mind, may contract during those
intervals.
Soundness of minds depends on two facts:
i)his capacity to understand the contents of
the business concerned,
ii) his ability to form a rational judgement as
to its effect on his interests.
If a person is incapable of both, he suffers
from unsoundness of mind.
Lunatics: A lunatic is a person who is
mentally deranged due to some mental strain
or personal experience. He suffers from
intermittent intervals of sanity and insanity .
He can enter contracts during the period
when he is of sound mind.
Idiots: An Idiot is a person who has
completely lost his mental powers. He does
not exhibit understanding of even ordinary
matters. Idiocy is permanent lunacy denotes
periodical insanity with lucid intervals. An
agreeement of an idiot , like that of minor is
void.
Drunken or intoxicated persons: A drunken
or intoxicated person suffers from temporary
incapacity to contract ie. at the time when
he is so drunk or intoxicated that he is
incapable of forming a rational judgment.
The position of a drunken or intoxicated
person is similar to that of a lunatic.
T
1.Alien Enemies: An Alien (the subject of
foreign state)is a person who is not subject
of the Republic of India. He may be Alien
friend of Alien enemy.
2.Foreign sovereigns, their diplomatic staff
and accredited representatives of foreign
states:They have some special privileges and
generally cannot be sued unless of their own
submit to the jurisdiction of our law
courts.But an indian citizen has to obtain a
prior sanction of central govt. in order to sue
them in our law courts.
3.Corporations: A Corporation is an artificial
person created by law, having a legal existence
apart from its members.
It may come in to existence by a special Act of
legislature or by registration under the
companies’ Act, 1956.
4.Insolvents: When a debtor is adjudged insolvent,

his property vests in the official receiver or
official assignee.
As such insolvent is deprived of his power to deal
in that property.
5.Convicts:A convict when undergoing
imprisonment is incapable of entering into
contract.
T. LAKSHMI

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4.Insolvents: When a debtor is adjudged insolvent,

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