Person competent to Contract
Section 11 of the contract Act 1872 lays down a general rule that every person is competent to contract who is of the age of majority accordinlg to the law to which he is subject and who is of sound mind and is not disqualified from contracting by any law to which he is subject. According to this section every person is competent to contract who is:-
(a) Of the age of majority according to the law to which he/she is subject
(b) Of sound mind
(c) Not disqualified from contracting by any law to which he is subject.
Disqualification for entering into contract are minority insanity and personal law. Minor is incapable of entering into a valid contract of sale of his property either personally or through his agent who may be even his father. He cannot enter into a contract nor a natural guardian can bind minors by making a contract on their behalf. A transaction of minor’s property during his minority is void ab initio having been contracted during incapacity of vendor, thus has no legal existence.Back to Commercial Articles