Category: CAPACITY

ISSUE:

Whether the mortgage was void?

Can the money received by the plaintiff be returned?

RULE:

Infants are incapable of entering into contracts.

ISSUE:

Can the daughter of Raj Rani bring an action against Prem Adib?

RULE:

The mere fact that the contract is for the benefit of the minor, does not entitle him to sue.

A contract of personal service does not stand on the same footing as a contract of apprenticeship or a contract of marriage of a minor.

ISSUE:

Can the appellant, Mathai be registered as a deemed tenant in respect of the land in question?

RULE:

Parties incompetent to contract, cannot enter into contracts and if they do, it will be held to be void.

ISSUE:

Whether the goods supplied fell into the category of necessity?

If no, whether the contract was enforceable at law?

Who has the onus to prove/disprove the necessity of goods that were supplied to Inman.

RULE:

Necessities are those goods or services that are suitable to the condition in life of minor and as to the actual requirements at the time of sale and delivery.

All contracts with a minor are void except for a contract of necessity.

This says that the goods need not be only suitable and necessary to the condition of the minor but must also be "actually needed" by him. The minor should not have already had a sufficient supply of the goods.

ISSUE:

Whether a mortgage executed in favor of a minor who has advanced the whole of the mortgage money is enforceable by him or by any other person on his behalf?

RULE:

The provision of law which renders minors’ incompetent to bind themselves by a contract was enacted in their favor and for their protection, and it would be a strange consequence of this if they are to take nothing under transfers in consideration of which they have parted with their money.

ISSUE:

Whether the father of the plaintiff can enter into a contract of marriage as guardian of the minor, on her behalf so as to bind her to it.

Whether such a contract is for the benefit of the minor?

RULE:

Where a contract is made by a guardian of the minor so as to be binding on the minor and which is for the benefit of the minor there is an enforceable contract in law and the minor can enforce it.

ISSUE:

Whether Proactive can be held liable for inducing breach of contract between Wayne and the Plaintiff?

RULE:

There could be no liability for inducing or facilitating the breach of a voidable contract with the minor. Where a contract was determinable, no liability was incurred merely by inducing a contracting party who enjoy the right to rescind, to determine the contract lawfully, for there was no breach.

ISSUE:

Whether the defendant has established that he is entitled to the protections available under Section 12 of the ICA and therefore eligible to avoid the contract?

RULE:

A patient in a lunatic asylum, who is, at intervals, of sound mind, may contract during those intervals.

ISSUE:

Whether the sale deed executed by a person of his own rights can be set aside without any of the conventional vitiating circumstances being established and solely on the ground of what the court considers to be an unconscionable transaction?

Whether the Lower Appellate Court was justified in holding the deed to be unconscionable without any other evidence and solely because of the facts?

RULE:

The three subordinate principles are closely interrelated and cannot be analyzed in complete isolation from each other.

First, the defendant must have been enriched by the receipt of a benefit.

Secondly, that benefit must have been gained at the plaintiff's expense.

Thirdly, it would be unjust to allow the defendant to retain that benefit.

CHARANJIT SINGH V. CHATTRANJAN PAL Charanjit Singh v. Chattranjan Pal ISSUE: Whether the alleged sale deed dated 29th April 1999 executed by the plaintiff in favor of defendant No.1 is illegal and null and void? RULE: According to Section 12 of the ICA, a person is said to be of unsound mind if, at the...