CLAT (Common Law Admission Test) Legal-Aptitude Contract Law Revision (Page 2 of 5)

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Acceptance

Section 2 (b) of Indian Contract Act, 1872 defines ‘acceptance’ as, “When the person to whom the proposal is made signifies his assent thereof, the proposal is said to be accepted. A proposal, when accepted, becomes a promise”. The person has to accept with willingness the offe

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Consideration

Consideration is necessary to form a contract. In its absence, the agreement is void and the promise would be considered only a gravitous or bare promise (nudum pactum). Consideration is the price for which the promise of the offer is bought. A accepts to sell his laptop to ‘B’

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Capacity to Contract

Any major person having sound mind and having no disqualification from law as not to enter into contract can enter into contract. Hence minor persons, lunatic persons or those who are disqualified by any law from contracting are incompetent to contract.

Minor Person

A promise or an agrrement made by a minor is void.

No Estoppel against Minor

If a minor, while contracting misrepresents himself to be a major, also then no law of estoppels can apply against him because already the contract since the beginning is void.

Practice Question:

L

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Doctrine of Restitution

If the minor gets some property, he can restore it, provided the three points are kept in mind.

If a minor misrepresents his age and gets some property, he can be enforced to restore it but that should be traceable in his hands.

If the minor sells the property, he cannot be

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