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Who is competent to form a contract under the Indian Contract Act

  Q. 7 (a) Who are competent to make a contract? Or What do you understand by the competency to enter into a contract? Who is competent to form a contract under the Indian Contract Act? Q. 7 (b). Write a critical note on the minor's contract with leading Explain with decided cases that minor's contracts are void-ab intio. Can a minor's contract be specifically enforced and ratified? or Who are the persons 'not competent to contract'? What is the nature of an agreement entered into by a minor? Discuss the remedies available to the other party in such agreements.   Ans. Who are competent to Contract .-According to Section 10, for entering into a valid contract the parties must be competent to contract. Section 11 lays down the provision about the persons who are competent to contract. According to Section 11: "Every person is competent to contract who : (i) is of the age of majority according to the law to which he is subject; and (ii) is of

Free Consent, Factors Vitiating Free Consent under Indian Contract Act

  Free Consent, Factors Vitiating Free Consent   Q. 8. (a) Explain the term 'free consent'. What factors vitiate the consent given by a person? Give examples. Or What do you understand by consent? The parties must be aged for a valid contract. When is consent said to be not free? Discuss.   Ans. Consent-Section 13 of the Contract Act defines the term "consent". It provides : "Two or more persons are said to consent when they agree to the same thing in the same sense". The parties must agree to the same thing in the same sense; only then the parties are said to consent. Where the parties have different things in mind or understand the same things in different ways, there is no real consent. For example, two parties may enter into an apparent contract regarding a particular person or ship misled by the similarity of names. In such a case, there is no contract. On the other hand, if the parties agree to the same thing in the same sense a mere v