PARTIES' ABILITY TO ENTER INTO A CONTRACT




All agreements constitute contracts if they are made with the free assent of parties who are able to enter into contracts, according to Section 10 of the Indian Contract Act. Therefore, Section 10 states that only agreements entered into between parties who are legally capable of entering into contracts can become contracts.


Sec. 11 of the Act specifies the parties' contractual competence. Everyone is able to enter into contracts, according to Section 11 of the Act.


i. who meets the requirements for majority age under the laws to which he is subject;

ii. who is mentally healthy; and

iii. who is not barred from entering into contracts by any laws to which he is subject.

A contract is therefore enforceable by law when it is made between parties who are at least 18 years old, of sound mind, and not barred from doing so by any legislation in force. The following three circumstances could be explained:


Major People

According to the Indian Majority Act, 1875, "Everyone resident in India shall be deemed to have acquired the age of his majority when he completes the age of eighteen years and not before," is how the term "minors" is indirectly defined.


A minor, however, becomes of legal age at the age of 21 under the following situations:

i. Where the Guardians and Wards Act of 1890 has appointed a guardian of a minor's person or property; or

ii. When a Court of Wards is in charge of overseeing a minor's property.

Competence to Contract of a Minor. A minor is ineligible to engage into a contract because they lack the legal capacity to do so, as stated in Section 11 of the Indian Contract Act. Any agreement formed with a minor is null and invalid. Being a minor is therefore a question of protecting his interests, even though it may be a basis for incompetence for contract. Even morally, it's a good thing because younger people don't have the mental capacity to comprehend everything.

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