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Assume each person is of sound mind, is not disqualified by any law, and has no guardian appointed by a court. Who is not competent to contract under section 11 of the Indian Contract Act, 1872?

Question and options

Assume each person is of sound mind, is not disqualified by any law, and has no guardian appointed by a court. Who is not competent to contract under section 11 of the Indian Contract Act, 1872?

  1. A 20-year-old pardanashin woman

  2. A 19-year-old who cannot read or write

  3. A 30-year-old foreign national living in India

  4. A 17-year-old who is a graduate and earns a salary

Answer and explanation

Correct answer: D - A 17-year-old who is a graduate and earns a salary

Section 11 of the Indian Contract Act, 1872 requires a party to have attained majority, and under the Indian Majority Act, 1875 majority is attained on completing 18 years where no guardian has been appointed by a court. A 17-year-old is a minor whatever their education or income; illiteracy, foreign nationality and being a pardanashin woman do not remove capacity.

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