Questions and Answers
Which of the following statements about minors and contractual obligations is accurate?
What type of contracts are minors primarily bound by?
How can a seller of goods recover payment from a minor?
Which of the following was a condition for the contractual ability of a married woman prior to the Married Women Property Ordinance in 1923?
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In what circumstance can loans given to a minor be recovered?
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Which of the following best describes the legal implications of necessaries for minors?
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What happens to a contract entered into by a married woman without her husband's consent?
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What is the main requirement for proving a minor's benefited contract under the law?
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Which of the following accurately describes a key category of contractual disabilities?
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In the context of beneficial contracts for minors, which statement is true?
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What is one potential consequence of contractual disabilities for an individual?
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Which of the following scenarios best illustrates a 'contractual disability'?
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How do different jurisdictions impact the concept of contractual disabilities?
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What legal instrument specifically addresses the property rights of married women in relation to contractual disabilities?
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Which category is NOT generally considered a contractual disability?
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Which of the following statements regarding necessaries is correct?
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What does the Married Woman’s Property Ordinance 1923 allow a married woman to do?
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Under what personal law can a married woman not deal with her immovable property without her husband's consent?
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According to Roman-Dutch law, what is the status of a contract if a person is insane at the time of contracting?
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What distinguishes English law from Roman-Dutch law regarding contracts made by insane individuals?
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Which category of people is specifically exempt from the Married Woman’s Property Ordinance 1923?
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In situations involving drunkenness, what is the main concern regarding contracts?
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Which law states that a contract entered into by a judicially declared insane person is wholly void?
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What is a key difference in how Muslim law and Kandyan law treat married women’s ability to contract?
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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.
Legal Consequences of Contractual Disabilities
- 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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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.
