“Every person is competent to contract who is of the age of majority according to law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. “

INCAPACITY OF PARTIES

INCAPACITY OF PARTY

MINOR UNSOUNDMIND DISQUALIFIED BYLAW

IDIOT LUNATIC

DRUNKENED

An idiot, dolt, or dullard is a mentally deficient person, or someone who acts in a self-defeating or significantly counterproductive way.

CASE STUDY ON AN IDIOT

Mr/Mrs Rai died in a road accident on 31st august 2001 and there daughter was left alone. She was suffering from mental disorder and his guardian came from Toronto and applied in the court for her guardianship. The court announced the judgment on his behalf because he proved that he has a good financial position and can thus take care of her nicely .

"Lunatic" is an informal term referring to people who are considered mentally ill, dangerous, foolish or unpredictable; conditions once called lunacy.

CASE STUDY ON LUNATIC PERSON

Mr.Kapoor died on 5th July 2003 and his property was to be distributed among his 2 sons and 1 daughter who is mentally challenged. The eldest brother wanted to take the guardianship of his sister so he appealed in the court under his lawyer Mrs.Deepa Mehra .She immediately appealed the judge and the decision was announced in the favor of him because as his lawyer mentioned in the argument that he was well known person in the society and can easily take care of his sister as compared to the other brother

A drunken is a person who is under the influence of excessive alcohol. He stands on the same footing of a lunatic and suffers from temporary incapacity to a contract.

CASE STUDY ON DRUNKEN PERSON [ ASHOK GUPTA VS DEV RAJAK]

This case was registered under the section 338 IPC .A drunken driver took a u turn and there was 2 wheelers 1 was coming from front and the other from the back of the car .The arguments were as follows :-

The car driver was drunk and he was driving in the wrong side

The arguments from the defense was that the motor cycle wa on the wrong side and the other bike was trying to overtake the car

The decision was made that both the parties have to compensate 50% towards the damage .

Capacity of party->Every person is competent to enter into a contract only if he is of majority age and is also of sound mind.

Incapacity o parties are dived into 3 parts:-1]. Minor

2]. Unsound mind

3]. Disqualified by law

Unsound Mind is further divided into 3 parts:-1]. Idiot

2].Lunatic

3]. Drunken