1. CAPACITY TO
CONTRACT

2. DEFINITION
According to Sec.11, every person is competent to
contract who:
a) Is of the age of majority, according to the law to
which he is subject.
b) Is of sound mind, and
c) Is not disqualified from contracting by any law to
which he is subject.

3. According to Sec.11, declares the following to
be incompetent:
1. Minors,
2. Person of unsound mind,
3. And person disqualified by any law to which
they are subject.

4. Minors
o An agreement with or by a minor is void & inoperative ab
initio.
o He can be a promisee or beneficiary.
o His agreement cannot be ratified by him on attaining the age
of majority.
o He can always plead minority.
o There can be no specific performance of the agreement entered
into by him.
o He cannot entered into a contract of partnership.
o He cannot be adjusted insolvent.
o His liable for the necessaries.
o He can be an agent.
o His parents/guardian are/ is not liable for the contract entered
into by him.
o A minor is liable in tort.

5. Persons of unsound mind
a) Lunatics
b) Idiots
c) Drunken or intoxicated persons

6. Other persons
1. Alien enemy
2. Foreign sovereigns, their diplomatic staff and
accredited representatives of foreign state.
3. Corporations
4. Insolvents
5. Convicts