Roman-Dutch Law vs English Law on Obligations
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Questions and Answers

Which of the following statements about minors and contractual obligations is accurate?

  • Minors can enter contracts without the assistance of a guardian depending on the nature of the contract. (correct)
  • A minor can be compelled to continue performance in a contract after benefiting from it.
  • Minors are fully held accountable for all contracts they enter into.
  • All contracts entered by minors are void from the outset.

    • What type of contracts are minors primarily bound by?

  • Contracts for necessities such as food and clothing. (correct)
  • Contracts for luxury items.
  • Contracts for real estate transactions.
  • Contracts concerning education.

    • How can a seller of goods recover payment from a minor?

  • By taking the matter to court for a judgment.
  • By proving the actual benefit received by the minor. (correct)
  • By demanding the full price agreed upon in the contract.
  • By obtaining a loan agreement from the minor's guardian.

    • Which of the following was a condition for the contractual ability of a married woman prior to the Married Women Property Ordinance in 1923?

    <p>She could not enter into any contract without her husband's consent.</p> Signup and view all the answers

    In what circumstance can loans given to a minor be recovered?

    <p>If the money can be proved to have been spent on necessities for the minor.</p> Signup and view all the answers

    Which of the following best describes the legal implications of necessaries for minors?

    <p>Necessaries can include goods considered suitable to the minor's condition in life.</p> Signup and view all the answers

    What happens to a contract entered into by a married woman without her husband's consent?

    <p>The contract is enforceable if it benefits both parties.</p> Signup and view all the answers

    What is the main requirement for proving a minor's benefited contract under the law?

    <p>Evidence of the actual benefit received from the contract.</p> Signup and view all the answers

    Which of the following accurately describes a key category of contractual disabilities?

    <p>Minority</p> Signup and view all the answers

    In the context of beneficial contracts for minors, which statement is true?

    <p>Minors are entitled to enforce contracts that are for their benefit.</p> Signup and view all the answers

    What is one potential consequence of contractual disabilities for an individual?

    <p>Limited capacity to enter enforceable agreements</p> Signup and view all the answers

    Which of the following scenarios best illustrates a 'contractual disability'?

    <p>A married woman entering into a contract without her husband's consent.</p> Signup and view all the answers

    How do different jurisdictions impact the concept of contractual disabilities?

    <p>Certain jurisdictions may offer specific protections and regulations for vulnerable individuals.</p> Signup and view all the answers

    What legal instrument specifically addresses the property rights of married women in relation to contractual disabilities?

    <p>Married Women Property Ordinance in 1923</p> Signup and view all the answers

    Which category is NOT generally considered a contractual disability?

    <p>Business acumen</p> Signup and view all the answers

    Which of the following statements regarding necessaries is correct?

    <p>Minors are responsible for paying for necessaries even if they lack full contractual capacity.</p> Signup and view all the answers

    What does the Married Woman’s Property Ordinance 1923 allow a married woman to do?

    <p>Sue or be sued without the need for her husband's involvement</p> Signup and view all the answers

    Under what personal law can a married woman not deal with her immovable property without her husband's consent?

    <p>Kandyan law</p> Signup and view all the answers

    According to Roman-Dutch law, what is the status of a contract if a person is insane at the time of contracting?

    <p>The contract is considered null and void</p> Signup and view all the answers

    What distinguishes English law from Roman-Dutch law regarding contracts made by insane individuals?

    <p>English law holds contracts binding unless insanity is proven</p> Signup and view all the answers

    Which category of people is specifically exempt from the Married Woman’s Property Ordinance 1923?

    <p>Muslims and Kandyans</p> Signup and view all the answers

    In situations involving drunkenness, what is the main concern regarding contracts?

    <p>The inability to understand nature and effects of contracts</p> Signup and view all the answers

    Which law states that a contract entered into by a judicially declared insane person is wholly void?

    <p>Roman-Dutch law</p> Signup and view all the answers

    What is a key difference in how Muslim law and Kandyan law treat married women’s ability to contract?

    <p>Kandyan law restricts property dealings, whereas Muslim law does not</p> Signup and view all the answers

    Study Notes

    Roman-Dutch Law vs. English Law

    • Similar rules exist regarding jointly and severally incurred obligations in both Roman-Dutch and English law.
    • Each debtor in a joint and several debt agreement is responsible for the entire amount.
    • A debtor who pays more than their share can seek contribution from co-debtors.
    • Obligations are "severely incurred" when multiple parties bind themselves to different contracts.

    Contractual Disabilities

    • Defined as legal limitations affecting an individual's ability to form binding contracts.
    • Key categories include minority, marriage, insanity, drunkenness, insolvency, and juristic persons.
    • Legal repercussions and applicability can vary by jurisdiction.
    • Certain jurisdictions have specific protections against exploitation for the vulnerable.

    Minority

    • Minors, like Madhura purchasing a car, generally cannot enforce contracts unless they concern necessities.
    • Contracts under minority are voidable at the minor’s discretion.
    • Suppliers of necessities can claim a reasonable price, only for the value of actual benefits received.

    Marriage and Contractual Rights

    • Prior to the Married Women’s Property Ordinance (1923), married women could not enter contracts without their husband's consent.
    • The ordinance allows married women to contract independently and manage their properties without spousal consent.
    • Specific personal laws (Muslim, Kandyan, Tamil) govern married women's contractual capacity differently.

    Insanity and Contracts

    • Under Roman-Dutch law, contracts by insane persons are null and void regardless of the other party’s knowledge.
    • English law holds that an insane person is bound by contracts unless the other party knew about the insanity.
    • Contracts by individuals declared judicially insane are wholly void.

    Drunkenness and Contracts

    • Contracts made while drunk may be invalidated if the person cannot comprehend their nature and effects.
    • Minors benefiting from contracts entered during drunkenness are not bound for future performance but to the extent of received benefits.
    • Married women previously had limited rights to sue or be sued without their husband's involvement.
    • Post-1923 ordinance, women gained independent contracting rights.
    • Contracts made by married women without spousal consent are valid if they provide benefits to the marriage or are ratified by the husband.

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    Related Documents

    Session 11: Contractual Disabilities PDF

    Description

    Explore the similarities between Roman-Dutch law and English law regarding obligations that are jointly and severally incurred. This quiz examines the principles of joint debts and obligations as recognized in both legal systems, providing insights into their contractual rules. Test your knowledge on this intersection of legal theories.

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