Capacity of Parties

Sociology | Mercantile Law | International Law | International Relations

Sec.10 defines that parties to contract must be competent to contract.

Competency is defined by Sec.11 as, “Every person is competent to contract if he is of the age of majority according to the law to which he is subject, is of sound mind and is not disqualified from contracting by any law to which he is subject”.

Thus, to be competent to contract one must be of:

  • Age of majority
  • Sound mind
  • Must not disqualified from contracting by any law to which he is subject

Equivalently, incompetency is caused by:

  • Minority
  • Unsoundness of mind
  • Disqualification from contracting by any law to which he is subject