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Which of the following statements are TRUE in a contractual capacity?A. Law presumes that every person is competent to contract unless otherwise provedB. That a minor can make a contract for necessities of lifeC. That a person of unsound mind can enter into the family contractsD. A convict cannot enter into a valid contract nor can sueE. That a wife can always make valid business contracts and bind her husbandChoose the correct answer from the options given below:

A.
B, D and E only
B.
A, C and E only
C.
A and E only
D.
B and D only

Solution:

The correct answer is B and D only.In commercial law, the ability to enter into a contract is known as contractual capacity. The capacity to contract is precisely defined in Section 11 of the Indian Contract Act of 1872. It determines if a specific person is qualified or eligible to get into the contract based on three main criteria. First, the people doing the engagement must be mentally sound, then they must be over the age of 18, and last, they must adhere to the legislation of contracts.Important PointsA person lacks contractual capacity, ifLacking mental ability by being a Minor, there are some exceptions to this, such as contracts for entering into education, or contracts for necessities that are deemed as having fair terms. Lacking Mental Capacity: This means that if someone is deemed to be mentally incompetent, certain mental disorders or psychological conditions frequently allow them to nullify contracts (or allow their guardian to do so).Being Intoxicated: The ability to void a contract due to intoxication is also possible, but this is the exception rather than the rule.The court will consider the extent of the drunkenness and the counterparty's awareness of it when determining whether it can undermine contractual competence.Lacking Signatory Authority : It is possible that a large contract would be challenging to enforce if someone without signatory authority signs it on their company's behalf and lacks contractual ability. It would be wise to mail the contract again in this situation and make sure the proper signatory is requested.Convict Serving Sentence: A person who is guilty and is serving imprisonment does not have the capacity to enter into a contract. He also cannot sue on the contracts that were before his conviction. After the expiry of his sentence, he is at liberty to suit.

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