Who are the persons disqualified by law?

Asked by: Ricardo Zemlak MD  |  Last update: August 29, 2022
Score: 4.9/5 (48 votes)

3] Disqualified Persons
i.e. do not have the capacity to contract. The reasons for disqualification can include, political status, legal status, etc. Some such persons are foreign sovereigns and ambassadors, alien enemy, convicts, insolvents, etc.

Who are all the disqualified person?

6 Persons who are Disqualified by Law from Entering into a Contract in India
  • Alien enemy: All persons other than Indian citizens are aliens. ...
  • Foreign sovereigns and ambassadors: ...
  • Convicts: ...
  • Professional persons: ...
  • Corporations: ...
  • Married women:

Who are those persons disqualified to enter into a contract?

Convicts: A convict is a person, who is sentenced by a competent court to the death sentence or imprisonment. A convicted person cannot enter into a contract while undergoing sentence. When the period of his sentence is over or he is pardoned, then his incompetency is also over.

What is disqualification about the contract?

D. Disqualification: The term “disqualification” means the action taken pursuant to this chapter or by another local, state or federal agency, to disqualify, suspend, prohibit, debar or render a person ineligible to bid upon, solicit, be awarded or perform public contracts or any portion thereof.

What does legally disqualified mean?

To deprive of eligibility or render unfit; to disable or incapacitate. To be disqualified is to be stripped of legal capacity. A wife would be disqualified as a juror in her husband's trial for murder due to the nature of their relationship.

ICA: 1872 , Persons disqualified by law | Competency of the parties to contract

24 related questions found

Which of the following persons are not competent to contract being the persons disqualified by law?


Thus the following persons are considered as incompetent to contract: Minors. Persons of unsound mind. Persons disqualified by law.

Who is a disqualified person for 990?

A disqualified person is any person who was in a position to exercise substantial influence over the affairs of the applicable tax-exempt organization at any time during the lookback period. It is not necessary that the person actually exercise substantial influence, only that the person be in a position to do so.

Who are the persons incapable of giving consent to a contract?

Article 1327 provides that insane or demented persons cannot give consent to a contract. But, if an insane or demented person does enter into a contract, the legal effect is that the contract is voidable or annullable as specifically provided in Article 1390.

Which persons are not competent to contract?

Section 11 of the Indian Contract Act, 1872, states when a person is said major, sound and not disqualified by law, then he is said to be competent to contract. Contract with a minor, unsound or intoxicated person is void, as they are incompetent to contract.

Who are foreign sovereigns and ambassadors?

Foreign Sovereign and Ambassadors: Foreign sovereigns and their representatives enjoy certain amount of privileges and immunities in every country. They cannot enter into a contract except through their agents residing in India.

What is Section 10 of Indian Contract Act?

All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

When both parties are incapable of giving consent?

In a contract where both parties are incapable of giving consent, express or implied ratification by the parent, or guardian, as the case may be, of one of the contracting parties shall give the contract the same effect as if only one of them were incapacitated.

What is an unemancipated person?

: not emancipated specifically : still under parental authority an unemancipated minor.

What is pari delicto rule?

Under the pari delicto doctrine, the parties to a controversy are equally culpable or guilty, they shall have no action against each other, and it shall leave the parties where it finds them.

Is a brother a disqualified person?

The IRS does not consider siblings, cousins, aunts and uncles, or step-children as disqualified persons, so you can invest with them as if they are any other individual.

Who is considered a disqualified person for a private foundation?

Basically, a disqualified person is a person—individual, corporation, partnership, trust, estate, or other foundation—that has one or more particular relationships with a private foundation. With regard to private foundations, such persons include: All Substantial Contributors to the Foundation.

Who is a disqualified person for public support test?

Sec. 4946 defines a disqualified person as: A substantial contributor, i.e., a person who gave an aggregate amount of more than $5,000 if that amount is more than 2% of the total contributions the organization received from its inception through the end of the year in which that person's contributions were received.

Which one of the following is not a type of contract?

Hence, Open tender is not a type of contract.

Which of the following are the persons of unsound mind?

According to the 1949 Mentally Incapacitated Persons Act, “'PERSON OF UNSOUND MIND' means a lunatic, a mentally incapacitated person or a mental defective, and 'UNSOUNDNESS OF MIND' and 'TO BE OF UNSOUND MIND' have corresponding meanings.”

What are the 3 kinds of unenforceable contracts?

The following contracts are unenforceable, unless they are ratified:
  • (1) Those entered into in the name of another person by one who has been given no authority or legal representation, or who has acted beyond his powers;
  • (2) Those that do not comply with the Statute of Frauds as set forth in this number.

Who can effect ratification in case of incapacitated person?

If both are incapacitated, the contract becomes void. The guardians however may ratify the defective contract in their behalf. If the incapacitated person becomes capacitated, they themselves may ratify their defective contracts.

What is the meaning of voidable?

Definition of voidable

: capable of being voided specifically : capable of being adjudged void a voidable contract.

What are the 3 types of contracts?

So let's look at those three contract types in a bit more detail.
  • Fixed price contracts. With a fixed price contract the buyer (that's you) doesn't take on much risk. ...
  • Cost-reimbursable contracts. With a cost-reimbursable contract you pay the vendor for the actual cost of the work. ...
  • Time and materials contracts.