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Capacity of the Parties

Capacity of the Parties. Persons incompetent to Contract. Minors Persons of unsound mind Persons disqualified by law. Minors. Definition of minor Not completed 18 years of age In case of guardian appointed under guardians and wards act 1890 should complete 21 years of age.

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Capacity of the Parties

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  1. Capacity of the Parties

  2. Persons incompetent to Contract • Minors • Persons of unsound mind • Persons disqualified by law

  3. Minors Definition of minor • Not completed 18 years of age • In case of guardian appointed under guardians and wards act 1890 should complete 21 years of age

  4. Position of Agreement with Minors • Void ab initio • Can be a beneficiary • Agreement cannot be ratified IndranRamaswamyvsAnthiappachettiar • Any benefit received cannot be asked to be compensated • Can always plead his minority Leslie vsShiell • No specific performance

  5. Contd 7. Cannot enter into partnership 8. Cannot be adjudged insolvent 9. Liable for necessaries Nash vsInmam, Robert vs Gray 10. Can be an agent 11. Parents not liable

  6. Persons of unsound mind • Lunatic • Idiots • Drunkard

  7. Others • Alien enemy • Foreign Diplomats • Corporations • Insolvents • Convicts

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