Quiz To Improve Your Legal Knowledge - Capacity To Contract
Capacity to contract means a party has the legal ability to enter into a contract. Capacity also means a person has to be competent as defined by law. Someone's capacity is determined by whether or not they have reached the age of majority and if they are mentally capable of understanding the applicable contract terms. Quiz to Improve Your Legal Knowledge about Capacity to Contract
Questions and Answers
- 1.
The requirement that the parties to an to agreement must be competent to contract, is laid down in
- A.
Sec 10
- B.
Sec 11
- C.
Sec 24
- D.
Sec 25
Correct Answer
A. Sec 10Explanation
The correct answer is Section 10. Section 10 of a legal agreement states that the parties involved must be competent to contract. This means that they must be of legal age, of sound mind, and not disqualified by law from entering into a contract. This requirement ensures that both parties have the legal capacity to understand the terms and obligations of the agreement and can be held accountable for their actions.Rate this question:
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- 2.
The capacity to contract (i.e.. Competence of the parties) is defined in
- A.
Sec 10
- B.
Sec 11
- C.
Sec 24
- D.
Sec 25
Correct Answer
B. Sec 11Explanation
Section 11 of the contract law defines the capacity to contract, also known as the competence of the parties. This section outlines the requirements that must be met for a person to be considered legally capable of entering into a contract. It specifies that a person must be of the age of majority, of sound mind, and not disqualified by any law to be competent to contract. In other words, this section determines whether a person has the legal ability to enter into a contract and be bound by its terms.Rate this question:
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- 3.
The capacity to contract means
- A.
Willingness of the parties to enter into a contract
- B.
Intention of the parties to enter into a contract
- C.
Competence of the parties to enter into a valid contract.
- D.
Certificate to enter into a valid contract
Correct Answer
C. Competence of the parties to enter into a valid contract.Explanation
The capacity to contract refers to the legal ability of individuals to enter into a valid contract. It involves the competence or legal capability of the parties involved to understand the terms and consequences of the contract. This includes factors such as age, mental capacity, and legal status. The willingness and intention of the parties to enter into a contract are important elements, but they do not specifically refer to the capacity to contract. The certificate to enter into a valid contract is not a recognized concept in contract law. Therefore, the correct answer is the competence of the parties to enter into a valid contract.Rate this question:
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- 4.
The Capacity to contract is
- A.
A legal rule of validity
- B.
An essential element of a valid contract
- C.
An essential element of competency
- D.
None of these
Correct Answer
B. An essential element of a valid contractExplanation
The capacity to contract is an essential element of a valid contract because it refers to the legal ability of individuals to enter into a contract. In order for a contract to be enforceable, all parties involved must have the mental and legal capacity to understand the terms and obligations of the contract. If a person lacks the capacity to contract, such as minors or individuals with mental disabilities, the contract may be considered void or voidable. Therefore, the capacity to contract is crucial in ensuring that contracts are legally binding and enforceable.Rate this question:
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- 5.
An agreement by or with a party not competent to contract is
- A.
Minors
- B.
Voidable
- C.
Forbidden
- D.
Void
Correct Answer
D. VoidExplanation
An agreement by or with a party not competent to contract is void. This means that the agreement is invalid and has no legal effect. Parties who are not competent to contract, such as minors, do not have the legal capacity to enter into binding agreements. Therefore, any agreement made with them or by them is considered void and cannot be enforced by law.Rate this question:
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- 6.
Which of the following persons are not competent to contract ?
- A.
Minors
- B.
Persons of un sound mind
- C.
Persons disqualified by law
- D.
All of these.
Correct Answer
D. All of these.Explanation
Minors, persons of unsound mind, and persons disqualified by law are all considered not competent to contract. Minors are not considered legally capable of entering into binding contracts due to their age. Persons of unsound mind, such as those with mental illnesses or disabilities, may not have the mental capacity to understand and enter into contracts. Persons disqualified by law may have been legally prohibited from entering into contracts due to certain circumstances or actions. Therefore, all of these individuals are not competent to contract.Rate this question:
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- 7.
Every person is competent to contract who is of the
- A.
Age of majority
- B.
Age of minority
- C.
Sound reputation
- D.
Sound financial
Correct Answer
A. Age of majorityExplanation
The correct answer is "Age of majority." In contract law, a person must have the legal capacity to enter into a contract. The age of majority refers to the age at which a person is considered an adult and is legally capable of entering into contracts. This age varies from country to country, but it is typically 18 years old. Therefore, only individuals who have reached the age of majority are considered competent to contract.Rate this question:
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- 8.
Every person Is competent to contract who is
- A.
Of sound mind
- B.
Not disqualified from contracting
- C.
Both (a) and (b)
- D.
None of these
Correct Answer
C. Both (a) and (b)Explanation
The correct answer is "Both (a) and (b)". This means that in order to be competent to contract, a person must be of sound mind and not disqualified from contracting. Both of these conditions must be met for a person to be considered competent to enter into a contract.Rate this question:
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- 9.
For the purposes of entering into contract, a minor is a person who has not completed the age of
- A.
15 yrs
- B.
18 yrs
- C.
21 yrs
- D.
25 yrs
Correct Answer
B. 18 yrsExplanation
A minor refers to a person who is under the legal age of adulthood. In most jurisdictions, the legal age of adulthood is 18 years. Therefore, the correct answer is 18 yrs.Rate this question:
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- 10.
Under English Law, for all purposes, a minor is a person who is under the age of
- A.
15 yrs
- B.
18 yrs
- C.
21 yrs
- D.
25 yrs
Correct Answer
B. 18 yrsExplanation
Under English Law, a minor is defined as a person who is under the age of 18 years. This means that individuals who are 18 years old or older are considered adults and have the legal capacity to make decisions and enter into contracts without the need for parental consent or supervision. The age of 18 is generally recognized as the age at which individuals reach the age of majority and are considered fully responsible for their actions under the law.Rate this question:
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- 11.
A minor is defined as a person who has not completed eighteen years of age in section 3 of the
- A.
Guardians and Wards Act, 1890
- B.
Indian Contract Act, 1872
- C.
Indian Majority Act, 1875
- D.
Court of Wards Act
Correct Answer
C. Indian Majority Act, 1875Explanation
The Indian Majority Act, 1875 defines a minor as a person who has not completed eighteen years of age. This Act is the legislation that determines the age at which a person becomes a major and is capable of entering into contracts and making decisions on their own. The other options mentioned in the question are not relevant to the definition of a minor.Rate this question:
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- 12.
For the purposes of validity of contract, a person entering Into contract should be of sound mind
- A.
Only at the time when he makes the contract
- B.
Only at the time when he enforces the contract
- C.
Both at the time of making as well as enforcement of contract
- D.
Throughout his life
Correct Answer
A. Only at the time when he makes the contractExplanation
A person's soundness of mind is only relevant at the time when they make the contract. This means that they must be mentally capable of understanding the terms and consequences of the contract at the moment it is entered into. Their mental state at the time of enforcing the contract is not considered.Rate this question:
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- 13.
The soundness of mind for the purposes of entering into a valid contract is defined In
- A.
Sec lO
- B.
Sec ll
- C.
Sec l2
- D.
Judicial decisions
Correct Answer
C. Sec l2Explanation
The correct answer is Sec 12. This section of the law defines the soundness of mind required to enter into a valid contract. It outlines that a person must be of sound mind, meaning they are capable of understanding the terms and consequences of the contract, and are not suffering from any mental illness or impairment that would affect their ability to make informed decisions. This section provides the legal standard for determining whether a person has the necessary mental capacity to enter into a contract.Rate this question:
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- 14.
A drunken or intoxicated person Is not competent to contract as he falls in the category of
- A.
Persons disqualified by law
- B.
Persons of unsound mind
- C.
Persons discarded by society
- D.
Enemies of society
Correct Answer
B. Persons of unsound mindExplanation
A drunken or intoxicated person is considered to be of unsound mind as they are unable to think clearly or make rational decisions due to the effects of alcohol or drugs. Their judgment and ability to understand the terms of a contract may be impaired, making them incompetent to enter into a legally binding agreement.Rate this question:
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- 15.
Which of the following are the persons of unsound mind ?
- A.
Idiot
- B.
Iunatic
- C.
Drunken
- D.
All of these
Correct Answer
D. All of theseExplanation
The correct answer is "All of these". This means that all of the mentioned options (Idiot, Lunatic, Drunken) are considered to be persons of unsound mind.Rate this question:
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- 16.
An Idiot can enter Into a valid contract at a time when he Is of sound mind
- A.
Alien enemies
- B.
Insolvents
- C.
Convicts
- D.
AII of these
Correct Answer
B. InsolventsExplanation
The question is asking who can enter into a valid contract at a time when they are of sound mind. The answer is "Insolvents." This means that individuals who are insolvent, meaning they are unable to pay their debts, can still enter into valid contracts as long as they are of sound mind. This is in contrast to alien enemies and convicts who are generally not allowed to enter into contracts.Rate this question:
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- 17.
Which of the following persons are not competent to contract being the persons disqualified by law ?
- A.
Alien enemies
- B.
Insolvents
- C.
Convicts
- D.
All of these
Correct Answer
D. All of theseExplanation
The persons disqualified by law from contracting include alien enemies, insolvents, and convicts. Alien enemies are individuals who are citizens of a country that is at war with the country in which the contract is being made. Insolvents are individuals who are unable to pay their debts. Convicts are individuals who have been convicted of a crime. All of these individuals are not competent to contract due to legal disqualification.Rate this question:
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- 18.
Which of the following persons are not competent to contract being the persons disqualified by law ?
- A.
Idiots
- B.
Lunatics
- C.
Alien
- D.
Drunken persons
Correct Answer
C. AlienExplanation
The question is asking about the persons who are disqualified by law from entering into a contract. The options given are idiots, lunatics, aliens, and drunken persons. The correct answer is "Alien" because being an alien does not automatically disqualify a person from entering into a contract. The other options, idiots, lunatics, and drunken persons, may be considered incompetent to contract due to their mental capacity or state.Rate this question:
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- 19.
Flaw in capacity to contract may arise form
- A.
Uncertainty of object
- B.
Unsoundness of mind
- C.
Want of consideration
- D.
Illegality of object
Correct Answer
B. Unsoundness of mindExplanation
The correct answer is "Unsoundness of mind." This refers to a situation where one or more parties involved in a contract have a mental condition that impairs their ability to understand and make informed decisions. This can include conditions such as insanity, intoxication, or mental illness. When a person's mental capacity is compromised, they may not be able to fully comprehend the terms and consequences of a contract, making it invalid.Rate this question:
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- 20.
Incompetency to enter into a contract, Includes
- A.
Minority
- B.
Disqualificatlon
- C.
Unsoundness of mind
- D.
AII of these
Correct Answer
D. AII of theseExplanation
The correct answer is "All of these." This means that all of the options given (minority, disqualification, unsoundness of mind) are examples of incompetency to enter into a contract. In other words, if someone is a minor, disqualified from entering into a contract, or has unsoundness of mind, they are considered incompetent to enter into a contract.Rate this question:
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- 21.
As a general rule an agreement with or by a minor Is
- A.
Void ab-intio
- B.
Voldable
- C.
Valid
- D.
Unlawful
Correct Answer
A. Void ab-intioExplanation
An agreement with or by a minor is void ab-initio. This means that the agreement is considered invalid from the beginning and has no legal effect. This is because minors are not considered to have the legal capacity to enter into binding contracts. Therefore, any agreement made by a minor is not enforceable by law.Rate this question:
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- 22.
The leading case on the point that minor's agreement is void ab initio,is
- A.
Lalman Shukla v. Gauri Datt
- B.
Cariill V. Carbolic Smoke Ball Co
- C.
Mohoribiobi v. Dharmaodas Ghose
- D.
Nash v. Imman
Correct Answer
C. Mohoribiobi v. Dharmaodas GhoseExplanation
Mohoribiobi v. Dharmaodas Ghose is the leading case on the point that a minor's agreement is void ab initio. In this case, the court held that a minor's agreement is void and cannot be enforced, even if the minor has received some benefit from the contract. This case established the principle that a minor lacks the legal capacity to enter into a binding contract and that any agreement made by a minor is considered void from the beginning.Rate this question:
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- 23.
In certain circumstances minor's agreements are considered valid and enforceable
- A.
True,as certain exception are recognised under law
- B.
False,as minor's agreements are void ab Initio
Correct Answer
A. True,as certain exception are recognised under lawExplanation
Under certain circumstances, minor's agreements can be considered valid and enforceable. This is because there are certain exceptions recognized under the law where minors can enter into contracts that are binding. These exceptions include contracts for necessities, contracts for education or employment, and contracts that have been ratified or affirmed by the minor after reaching the age of majority. Therefore, it is true that certain exceptions are recognized under the law for minor's agreements to be valid and enforceable.Rate this question:
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- 24.
The expression void ab initio means the contract
- A.
Becoming void at a later stage
- B.
Void form the very beginning
- C.
Enforceable after rectifying the defect
- D.
Voidable at the option of minor
Correct Answer
B. Void form the very beginningExplanation
The correct answer is "Void form the very beginning." The term "void ab initio" refers to a contract that is considered void from the moment it is created. This means that the contract is invalid and has no legal effect from the start.Rate this question:
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- 25.
A minor who fraudulently enters into a contract representing that he is a major, then afterwards, he
- A.
Can take the defence of his minority
- B.
Cannot take the defence of his minority
- C.
Cannot take be held guilty of fraud
- D.
Is debarred form entering into any contract
Correct Answer
A. Can take the defence of his minorityExplanation
A minor who fraudulently enters into a contract by misrepresenting his age as being a major can still take the defense of his minority. Minors are generally not held legally responsible for their contracts because they lack the legal capacity to enter into binding agreements. Even if the minor has misrepresented his age, the defense of minority can still be used as a valid defense in this case. This is because the law recognizes that minors are vulnerable and need protection from entering into contracts that they may not fully understand or be capable of fulfilling.Rate this question:
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- 26.
On attaining the age of majority, an agreement entered into during his minority
- A.
Becomes voidable
- B.
Become valid
- C.
Can be ratified by him
- D.
Cannot be ratified by him
Correct Answer
D. Cannot be ratified by himExplanation
When a person reaches the age of majority, any agreement they entered into during their minority cannot be ratified by them. This means that they cannot confirm or give legal validity to the agreement once they become an adult. The agreement remains voidable, meaning that the person has the option to either cancel or uphold the agreement.Rate this question:
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- 27.
A minor, who by fraudulently representing his age, borrows some money
- A.
Can be sued for tort of deceit (i.e.,fraud)
- B.
Cannot be sued for tort of deceit.
- C.
Becomes a fraud person In the eyes of law
- D.
Suffers permanent capadty to contract
Correct Answer
B. Cannot be sued for tort of deceit. -
- 28.
The doctrine of restitution refers to the restoration of property of property of goods obtained by false representation. This doctrine is
- A.
Beneficial to minors
- B.
Not aplicable to minors
- C.
Applicable to minors
- D.
None of these
Correct Answer
C. Applicable to minorsExplanation
The doctrine of restitution is applicable to minors. This means that if a minor obtains property or goods through false representation, the law allows for the restoration of the property to its rightful owner. This is done to ensure fairness and prevent minors from benefiting from dishonest actions.Rate this question:
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- 29.
A minor who by false representation of his age, has obtained some property or goods, is
- A.
Guilty of tort of deceit (fraud).
- B.
Liable to restore the same if traceable in his possession
- C.
Not liable to restore even if traceable in his possession
- D.
At liberty to use the goods as his own
Correct Answer
B. Liable to restore the same if traceable in his possessionExplanation
If a minor obtains property or goods by falsely representing his age, he is guilty of the tort of deceit or fraud. In this case, the minor is responsible for returning the property or goods if they can be traced and found in his possession. This means that even though the minor may have obtained the property through false representation, he is still obligated to return it if it can be identified as the same property he obtained.Rate this question:
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- 30.
A contact which is beneficial to minor (i.e., in which minor is beneficiary),
- A.
Is void ab inito
- B.
Is voidable
- C.
Cannot be enforced by minor
- D.
Can be enforced by minor
Correct Answer
D. Can be enforced by minorExplanation
A contact which is beneficial to a minor can be enforced by the minor. This means that even though the minor is not of legal age to enter into a contract, they can still enforce the contract if it is in their favor. This is because the law recognizes that minors should be protected and not taken advantage of in contractual agreements. Therefore, if a contract is beneficial to a minor, they have the right to enforce it.Rate this question:
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- 31.
The rule that'a contract for minor's benefit is enforceable' is provided in
- A.
Section 10 of the Indian Contract Act, 1872
- B.
Section 25 of the Indian Contract Act, 1872
- C.
Section 33 of the Specific Reliefs Act, 1963
- D.
Judicial precedents i.e., judicial decisions given by courts
Correct Answer
D. Judicial precedents i.e., judicial decisions given by courtsExplanation
The correct answer is "Judicial precedents i.e., judicial decisions given by courts." This means that the rule that a contract for a minor's benefit is enforceable is not explicitly provided in any specific section of the Indian Contract Act, 1872 or the Specific Reliefs Act, 1963. Instead, it is established through judicial precedents, which are decisions made by courts in previous cases. These precedents serve as a guide for future cases and help to interpret and apply the law.Rate this question:
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- 32.
A minor is incompetent to contract, but the law does not regard him as incapably of a accepting benefit
- A.
True,as he can enforce the contract in which a minor is beneficiary
- B.
False,as minor's agreements are void ab initio
Correct Answer
A. True,as he can enforce the contract in which a minor is beneficiaryExplanation
A minor is considered incompetent to contract, meaning that they do not have the legal capacity to enter into a binding contract. However, this does not mean that a minor is incapable of accepting a benefit from a contract. In this case, the law recognizes that a minor can still enforce a contract in which they are the beneficiary. This means that even though the minor cannot be held legally responsible for their own agreements, they can still receive the benefits of a contract and take legal action to enforce those benefits if necessary.Rate this question:
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- 33.
A minor ,
- A.
Can become a partner in a partnership firm
- B.
Cannot become a partner in a partnership firm even on attaining majority
- C.
Can be admitted to the benefits of the firm
- D.
Cannot be admitted to the benefits of the firm
Correct Answer
C. Can be admitted to the benefits of the firmExplanation
A minor can be admitted to the benefits of a partnership firm, which means they can receive a share of the profits and have a right to inspect and access the books of the firm. However, they cannot become a full partner in the firm until they reach the age of majority. This is because minors are not legally capable of entering into a binding contract, and a partnership is a contractual relationship. Therefore, while a minor can enjoy some of the benefits of a partnership, they cannot have the full rights and responsibilities of a partner until they become an adult.Rate this question:
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- 34.
A minor,
- A.
Can be appointed as an agent.
- B.
Cannot be appointed as an agent
- C.
Can appoint others as his agent
- D.
None of these
Correct Answer
A. Can be appointed as an agent.Explanation
A minor can be appointed as an agent because there is no legal restriction on their ability to act as an agent. However, it is important to note that a minor's capacity to enter into contracts may be limited, and they may require the consent or approval of a parent or guardian in certain situations. Nonetheless, a minor can still fulfill the role of an agent as long as they meet the necessary requirements and obligations.Rate this question:
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- 35.
A minor,
- A.
Can be declared as insolvent
- B.
Cannot be dedared as insolvent
- C.
Can be dedared insolvent for limited purpose.
- D.
Is regarded as insolvent under law.
Correct Answer
B. Cannot be dedared as insolventExplanation
A minor cannot be declared as insolvent because they are not legally capable of entering into contracts or being held responsible for debts. Insolvency is a legal status that applies to individuals or businesses who are unable to repay their debts. Since minors are not considered legally competent, they cannot be held liable for their debts and therefore cannot be declared as insolvent.Rate this question:
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- 36.
Minor's parents or guardian Incur the whole liability for minor's agreements
- A.
True,as they are legally bound by minor's agreements
- B.
False,as they do not have any liability for minor's agreements
Correct Answer
B. False,as they do not have any liability for minor's agreements -
- 37.
Liability of minor's estate (i.e., property ) for the necessaries supplied to him is provided in
- A.
Section 11 of the Indian Contract Act
- B.
Section 25 of the Indian Contract Act
- C.
Section 68 of the Indian Contract Act
- D.
None of these, as minor's estate is not liable
Correct Answer
C. Section 68 of the Indian Contract ActExplanation
The correct answer is Section 68 of the Indian Contract Act. Section 68 of the Indian Contract Act states that a minor is liable for the necessaries supplied to them or to a person whom they are legally bound to support. This means that if a minor receives necessaries such as food, clothing, or shelter, they are responsible for paying for them. This section recognizes that even though a minor may not have full contractual capacity, they still have a legal obligation to pay for their basic needs.Rate this question:
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- 38.
Can a minor he held personally liable for the' necessaries' supplied to him ?
- A.
Yes, under Section 68 minor is personally liable
- B.
No. under Section 68 only minor's property is liable
Correct Answer
B. No. under Section 68 only minor's property is liableExplanation
According to Section 68, a minor cannot be held personally liable for the "necessaries" supplied to them. Only the minor's property can be held liable for any debts or obligations.Rate this question:
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- 39.
In a case where a minor enters into an agreement for the purchase of 'necessaries', then
- A.
Minor is personally liable to pay
- B.
Minor's estate iS liable to pay
- C.
Minor's guardian are liable to pay
- D.
None of these, as minor's agreement is void.
Correct Answer
B. Minor's estate iS liable to payExplanation
When a minor enters into an agreement for the purchase of 'necessaries', the minor's estate is liable to pay. This means that the minor's parents or guardians are responsible for paying for the goods or services that the minor agreed to purchase. This is because 'necessaries' refer to essential items that are necessary for the minor's well-being, such as food, clothing, and medical expenses. Since the minor is not legally capable of entering into a binding contract, their estate, which includes their parents or guardians, becomes responsible for fulfilling the obligations of the agreement.Rate this question:
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- 40.
Which of the following conditions should be satisfied for liability of minor's estate for necessaries supplied to him ?
- A.
Goods supplied should be reasonably necessary for minor's support in life
- B.
Minor should not have already sufficient supply of such necessaries
- C.
Both (a) and (b) should be satisfied
- D.
None of these as estate's liability is absolute
Correct Answer
C. Both (a) and (b) should be satisfiedExplanation
For the liability of a minor's estate for necessaries supplied to him, both conditions (a) and (b) should be satisfied. Condition (a) states that the goods supplied should be reasonably necessary for the minor's support in life. Condition (b) states that the minor should not already have a sufficient supply of such necessaries. Therefore, both conditions need to be met in order for the minor's estate to be held liable for the supplied necessaries.Rate this question:
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- 41.
Minor's estate is liable for the 'necessaries' supplied to him. The term 'necessaries' is
- A.
Defined in Section 11 of Indian Contract Act
- B.
Defined in Section 12 of Indian Contract Act
- C.
Defined in Section 68 of Indian Contract Act
- D.
Not defined in the Indian Contract Act
Correct Answer
D. Not defined in the Indian Contract ActExplanation
The term 'necessaries' is not defined in the Indian Contract Act. This means that there is no specific definition provided in the Act for what constitutes 'necessaries'. However, it is generally understood to refer to goods or services that are essential for the well-being and survival of an individual, such as food, clothing, shelter, medical care, and education. In the given scenario, if 'necessaries' were supplied to Minor, his estate would be liable for the payment as it is assumed that these goods or services were necessary for his well-being.Rate this question:
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- 42.
The 'necessaries' are the goods suitable to the life of infant or other persons, and to his actual requirement at the time of sale and delivery. This definition is as per
- A.
Section 2 of the English Sales of Goods Act, 1893
- B.
Section 2 of the Sale of Goods Act, 1932
- C.
Section 2 of the Indian Contract Act, 1872
- D.
None of these, as it is based on judicial dedsion
Correct Answer
A. Section 2 of the English Sales of Goods Act, 1893Explanation
The correct answer is Section 2 of the English Sales of Goods Act, 1893. This act defines the term "necessaries" as goods that are suitable for the life of an infant or any other person, and that meet their actual requirements at the time of sale and delivery.Rate this question:
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- 43.
Which of the following is considered to fall is in the category of 'necessaries?
- A.
Expenses incurred for performing funeral ceremonies of minor's father
- B.
Money borrowed to save minor's property from sale in execution
- C.
Expenses for education, training for trade, medical care and legal advice etc
- D.
All of these have been held by courts to fell In this category
Correct Answer
D. All of these have been held by courts to fell In this categoryExplanation
All of the options listed have been determined by courts to fall under the category of 'necessaries'. This means that expenses incurred for funeral ceremonies, money borrowed to save property, expenses for education, training, medical care, and legal advice are all considered essential and necessary expenses.Rate this question:
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- 44.
A minor having sample supply of dothes according to his position, bought number of new dress induding eleven fancy waist- coasts. In which of the following case, these were held not to be necessaries ?
- A.
Chappel v. Cooper
- B.
Balfour V. Balfour
- C.
Nash V. Inman
- D.
None of these
Correct Answer
C. Nash V. Inman -
- 45.
Which of the following is correct about minor's agreements ? I. minor's agreements are voic ao initio II.Minor cannot ratify contract or attaining majority III.Minor can be beneficiary to a contract IV.Minor is personally liable to pay for necessaries
- A.
(i), (ii)
- B.
(i),(iii)
- C.
(ii), (iii)
- D.
(ii), (iv)
Correct Answer
B. (i),(iii)Explanation
Minors' agreements are void ab initio, meaning they are considered invalid from the beginning. This means that a minor cannot be held legally bound by the terms of a contract they entered into. However, a minor can still be a beneficiary to a contract, meaning they can receive the benefits or rights outlined in the contract. Therefore, options (i) and (iii) are correct. Option (ii) is incorrect because a minor can ratify a contract or attain majority, but they are not obligated to do so. Option (iv) is also incorrect because a minor is not personally liable to pay for necessaries, which are basic necessities.Rate this question:
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- 46.
In case of minor's agreements, the estoppel against minor
- A.
Does apply
- B.
Does not apply
- C.
Opposed to public policy
- D.
None of these
Correct Answer
B. Does not applyExplanation
The estoppel doctrine does not apply in the case of minor's agreements. Estoppel is a legal principle that prevents a person from denying or asserting something contrary to what they had previously stated or done. However, minors are generally considered to lack the legal capacity to enter into binding contracts. Therefore, they are not held accountable for their statements or actions in the same way as adults, and the concept of estoppel does not apply to them.Rate this question:
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- 47.
An agreement with persons of unsound mind is
- A.
Void
- B.
Voidable
- C.
Valid
- D.
Unlawful
Correct Answer
A. VoidExplanation
An agreement with persons of unsound mind is considered void. This means that the agreement is not legally binding and has no legal effect. Persons of unsound mind lack the capacity to understand the terms and consequences of the agreement, therefore their consent is not considered valid. As a result, the agreement is void and cannot be enforced by either party.Rate this question:
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- 48.
The ' sound mind' for the purposes of entering into a valid contract is defined in
- A.
Section 11
- B.
Section 12
- C.
Section 25
- D.
Section 68.
Correct Answer
B. Section 12 -
- 49.
A person is said to be of sound mind for the purposes of making a contract if he is capable of understanding it and of forming a rational as to its effects upon his interest, as the time when.Persons of unsound mind are
- A.
Competent to contract
- B.
Not competent to contract
- C.
Discouraged by law not to enter into contract
- D.
Required to enter into contract with the permission of court
Correct Answer
C. Discouraged by law not to enter into contractExplanation
A person of unsound mind is not competent to contract. This means that they lack the mental capacity to understand and make rational decisions regarding a contract and its effects on their interests. The law discourages individuals with unsound minds from entering into contracts to protect them from making decisions that they may not fully comprehend or that may be detrimental to their well-being. Therefore, they are not allowed to enter into contracts.Rate this question:
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- 50.
Which of the following sections provide that persons of unsound mind are not competent to contract ?
- A.
Section 11
- B.
Section 12
- C.
Section 13
- D.
Section 14
Correct Answer
A. Section 11Explanation
Section 11 of the given sections provides that persons of unsound mind are not competent to contract.Rate this question:
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