2. INTRODUCTION OF THE CASE:
Appellant(Plaintiff) : Mohori Bibee
Advocate for Appellant : Watkins
Respondent (Defendant): Dharmodas
Ghose
Advocate for Respondent : W.W. Box
Judge : Lord Macnaghten; Lord Davey;
Lord Lindley; Sir Ford North; Sir
Andrew Scoble; Sir Andrew Wilson, JJ.
Court : Kolkata
Reported in : (1903)30IndianAppeals114
Decided On : Mar-04-1903
Acts : Indian Evidence Act, 1877 - Section
3. CASE:
• The Dharmodas Ghose lent the
MINOR the sum of 20,000 rupees at
12% interest and secured the loan by
way of mortgage executed by the
MINOR in favour of the Dharmodas
Ghose.
• Later the mother of the children claim
that the mortgage was void for lack
of capacity.
4. Capacity to Contract
Essentials of a Valid Contract
• Section 10: The parties involved
in the contract should be
competent
to
make
the
contract.
• Section 11: Every person is
competent to contract who is of
age of majority according to the
5. Disqualifications to compete for a contract
• A person who has not attained the
age of majority according to the law.
• A person who is of unsound mind.
• A person who has been disqualified
from contracting by some law.
The position of a minor
6. • The council held the contract by the
minor as void
• The minor has no capacity to contract
hence the mortgage was not valid
• He cannot be compelled to repay the
amount advanced to him.
• As he is not bound by the promise made
by him under the contract.
7. Law of estoppel
• A legal tool used when someone contra
• Low of estoppel is not applicable to min
• The purpose of the policy is to protect
