Podcast
Questions and Answers
What circumstance prevents a person from entering into a contract?
What circumstance prevents a person from entering into a contract?
Which of the following individuals is NOT disqualified from entering a contract?
Which of the following individuals is NOT disqualified from entering a contract?
What happens to an agreement made with a person deemed an idiot?
What happens to an agreement made with a person deemed an idiot?
Under what condition can a person of unsound mind enforce a contract?
Under what condition can a person of unsound mind enforce a contract?
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How can a lunatic enter into contracts?
How can a lunatic enter into contracts?
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Which of the following groups is disqualified by law from entering into contracts?
Which of the following groups is disqualified by law from entering into contracts?
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Which scenario would NOT disqualify a person from contracting?
Which scenario would NOT disqualify a person from contracting?
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What is true about contracts made by persons who are usually of unsound mind?
What is true about contracts made by persons who are usually of unsound mind?
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Which of the following best describes a person who is too intoxicated to comprehend an agreement?
Which of the following best describes a person who is too intoxicated to comprehend an agreement?
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Which statement accurately reflects the principle regarding void agreements?
Which statement accurately reflects the principle regarding void agreements?
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What is the liability of a minor when acting as an agent for a principal?
What is the liability of a minor when acting as an agent for a principal?
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Which of the following statements about minors and negotiable instruments is true?
Which of the following statements about minors and negotiable instruments is true?
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Under what conditions can a guardian enter into contracts on behalf of a minor that are enforceable against the minor?
Under what conditions can a guardian enter into contracts on behalf of a minor that are enforceable against the minor?
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Which of the following accurately describes a minor's ability to act as a shareholder in a company?
Which of the following accurately describes a minor's ability to act as a shareholder in a company?
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What characterizes a person as having an unsound mind in terms of contract capability?
What characterizes a person as having an unsound mind in terms of contract capability?
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What is the age of majority for entering into a contract as defined in the Majority Act 1875?
What is the age of majority for entering into a contract as defined in the Majority Act 1875?
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Which of the following describes the nature of agreements made by a minor?
Which of the following describes the nature of agreements made by a minor?
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In which situation does a minor attain the status of a major at the age of 21?
In which situation does a minor attain the status of a major at the age of 21?
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What is the consequence when a minor claims to void a contract they entered into?
What is the consequence when a minor claims to void a contract they entered into?
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Which group of individuals is NOT competent to contract as per the Contract Act, 1872?
Which group of individuals is NOT competent to contract as per the Contract Act, 1872?
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What is required from a minor who falsely represents their age and receives property?
What is required from a minor who falsely represents their age and receives property?
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In which scenario can a minor enforce a mortgage executed in their favor?
In which scenario can a minor enforce a mortgage executed in their favor?
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What defines necessaries for a minor?
What defines necessaries for a minor?
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Can a minor be personally liable in a partnership?
Can a minor be personally liable in a partnership?
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What was determined in the case of Nash v Inman regarding the coats purchased by a minor?
What was determined in the case of Nash v Inman regarding the coats purchased by a minor?
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Flashcards
Minor's contracts for necessaries
Minor's contracts for necessaries
Minors can be bound to contracts for items essential to maintain their status (e.g., food, shelter, education).
Minors as contract beneficiaries
Minors as contract beneficiaries
Minors can benefit from contracts without personal liability (e.g., receiving property or money).
Minors and partnership
Minors and partnership
Minors cannot form partnerships but can receive partnership benefits with consent.
Restoring property to minors (false statements)
Restoring property to minors (false statements)
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Contracts enforceable by/for a minor
Contracts enforceable by/for a minor
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Void Agreement (Idiot)
Void Agreement (Idiot)
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Lunatic's Contract
Lunatic's Contract
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Intoxicated Person's Contract
Intoxicated Person's Contract
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Unsound Mind (Generally Unsound)
Unsound Mind (Generally Unsound)
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Unsound Mind (Occasionally Sound)
Unsound Mind (Occasionally Sound)
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Minors and Contract Capacity
Minors and Contract Capacity
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Void Contract with Minor
Void Contract with Minor
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Age of Majority for Contractual Purposes
Age of Majority for Contractual Purposes
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Exception to Minor's Contractual Capacity
Exception to Minor's Contractual Capacity
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Consequences of a Minor's Contract
Consequences of a Minor's Contract
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Minor as Agent
Minor as Agent
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Minor as Insolvent
Minor as Insolvent
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Minor and Negotiable Instruments
Minor and Negotiable Instruments
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Unsound Mind for Contracts
Unsound Mind for Contracts
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Idiot's Contractual Capacity
Idiot's Contractual Capacity
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Sound Mind, Unsound Contract?
Sound Mind, Unsound Contract?
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Drunkenness and Contracts
Drunkenness and Contracts
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Unsound Mind, Enforceable Benefit?
Unsound Mind, Enforceable Benefit?
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Alien Enemies & Contracts
Alien Enemies & Contracts
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Who Else Can't Contract?
Who Else Can't Contract?
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Study Notes
Capacity to Contract
- A person who is usually of sound mind but occasionally of unsound mind may not make a contract when he is of unsound mind.
- A sane man who is so drunk that he cannot understand the terms of a contract cannot enter into a contract whilst drunkenness lasts
- Exceptions: The position of contracts with persons of unsound mind is as under:
- He may enforce a contract for his benefit
- His due against him for the supply of necessaries to him or to any of his dependents.
Persons Disqualified by Law
- Besides minors and persons of unsound mind, there are others who are disqualified from contracting under the provisions of some other laws.
- Aliens;
- Foreign sovereigns, diplomatic staff, and accredited representatives of foreign states;
- Insolvents;
- Convicts; and
- Corporations.
Minor as an Agent
- A minor can act as an agent and bind his principal by his acts without incurring any personal liability
- Third persons for the ordinary course of dealings
Minor as an Insolvent
- A minor cannot be declared insolvent because he is not competent to contract.
Minor can execute negotiable instruments
- The minor is competent to draw, negotiate or endorse the negotiable instruments. It may however be noted that the minor will not incur any personal liability under such instruments. But, the negotiable instruments executed in favour of the minor can be enforced by him.
Contract by minor's guardian
- The contracts entered into on behalf of a minor by his guardian or manager of his estate can be enforced by or against the minor if the contract is within the scope of the authority of guardian or manager.
Minor as a share-holder or member of a company
- A minor can become a share-holder or member of a company if the shares are fully paid up and the articles of association do not prohibit so.
Minor as guarantor
- A minor cannot be a guarantor.
Persons of Unsound Mind
- A person is said to be of unsound mind for the purpose of making a contract, if at the time when he makes it, is capable,
- To understand the terms of the contract
- To form a rational judgment as to its effect upon his interests.
- Thus, if a person is not capable of both, he is said to have suffered from unsoundness of mind. The examples of persons having an unsound mind include idiots, lunatics and drunken persons.
- Idiot: a person who has completely lost his mental faculties of thinking. Such a person is completely incapable of contract.
Position of Agreements by a Minor
- An agreement with a minor is void ab-initio. An agreement with a minor does not create any legal rights and obligations between the concerned parties.
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Description
Test your knowledge on the principles of contract law including the legal capacity of individuals to enter into contracts. This quiz covers topics such as the effect of mental incapacity, intoxication, and the role of minors in agreements. Delve into legal scenarios and understand what disqualifies someone from forming a binding contract.