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Under sections 11 and 12 of the Indian Contract Act, 1872, which of the following persons is competent to contract as described?

Question and options

Under sections 11 and 12 of the Indian Contract Act, 1872, which of the following persons is competent to contract as described?

  1. A usually sane person so delirious with fever that he cannot follow the terms

  2. A minor who falsely tells the other party that he is an adult

  3. A person usually of unsound mind who contracts during an interval of sound mind

  4. A seventeen-year-old who signs with his guardian's written consent

Answer and explanation

Correct answer: C - A person usually of unsound mind who contracts during an interval of sound mind

Section 12 of the Indian Contract Act, 1872 lets a person who is usually of unsound mind but occasionally of sound mind contract while of sound mind, so a contract made in a lucid interval is valid. A minor is not competent under section 11 whatever a guardian consents to or the minor misrepresents, and a usually sane person may not contract while delirium prevents him from understanding the terms.

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