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Bailment by Nishita
Bailment by Nishita
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Submitted by
NISHITA GUPTA
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Date:
ACKNOWLEDGMENT
First of all, I would like to express my deep and sincere gratitude towards
our research guide, Ms. Kanan Divetia and Pallavi Mishra for giving me
the opportunity to research on the given topic. Also, I would like to thank
him for providing me with invaluable support throughout my research. It
is a matter of great privilege and honor to work and learn under such
guidance and support. I would also like to thank him for showing patience
and empathy. I am indebted to him for sharing his expertise and sincere
and valuable encouragement extended.
I also thank the staff especially the Library of the institution for their
kindness and help.
Thank you
CAPACITIES OF PARTIES UNDER LAW OF
CONTRACTS
INTRODUCTION
Legal capacity is the characteristic of a person who can collect new rights,
or transfer rights, or expect responsibilities, in line with the mere dictates
of his very own will, as manifested in juristic acts, with none restraint or
difficulty springing up from his repute or legal circumstance. Ability;
qualification; legal strength or right. Applied in the sense to the attribute
of person (natural or artificial) developing out of their status or juristic
circumstance, which permits them to perform civil acts; as capability to
preserve lands, capability to devise, and so on.
EXPLAINATION
(b) This Section deals with personal capacity in three distinct branches:
MINORS
1
The Indian Contract Act ,1872 ,Section 11
• According to Indian Majority Act, 1875 2, a person attains majority on
completion of 18 years of his age. But when a guardian of a minor person
or property has been appointed by the court, he attains majority on
completion of 21 years of age.
2
Indian Majority Act 1875
3
Mohoribibi v. Dharmodas Ghose (1902 -03) 30 IA 114: ILR (1903) 30 Cal 539 (PC)
1. No estoppel against minor when a minor by means of misrepresenting
Minority.
An infant Minor isn't always answerable for tort related with contract,
Payoff the cost of products and it isn't always applicable while the
• Where a minor seeks the help of courtroom for the cancellation of his
Contract, the courtroom may also provide the relief problem to the
The contract, the courtroom might also supply relief problem to the
Condition that he shall restore all benefits received with the aid of him
• The principle” minor’s settlement is void” means law will now not put
6. No Ratification
Contracting, or
His account.
Legally certain to guide, is supplied with the aid of another, person with
Necessaries
Suited to his situation in life, the person that has supplied such
Supplies.
Illustrations
English Law
Indian Law
ILLUSTRATIONS
1. Alien enemies
3. Insolvents
4
The Indian Contract Act, 1872. Section 12.
4. Convict
5. Corporations
6. Married woman
7. Professionals
Literature Review
The author in his book and under chapter 13 talks about the person
competent to contract .He discusses about the effects of contracts by
minors and different types of transactions made i.e. contracts for
necessities; beneficial contracts of service; voidable contracts; other
contracts then he talks about the delictual liability of minors and the
equitable doctrine of restitution .He also discusses about the doctrine of
5
Singapore Journal Of Legal Studies , Published by National University of Singapore.
6
Law of Contract by Michael Furmston , 16 edition.
ultra vires that a contracting party should be a recognised as such by
the law. He also tells that a person mentally disordered and drunkards are
incompetent to contract.
The author in his book under chapter 12 talks about the capacity of
parties. He discusses various aspects of persons competent to contract
with various case laws .He also describes valid and voidable contracts,
mental incapacities, drink and drugs and corporations. He gives details of
two principles on which minor’s agreement is based.
CONCLUSION
7
The Law of Contract by Edwin Peel ,12 edition.