Question:

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : Competence to contract is essential for an agreement to be considered a contract.
‘Competence to contract’ : Any person who is of the age of majority according to the applicable law and is of sound mind and is not disqualified from contracting by any applicable law.
‘Age of majority’ : Every person shall attain the age of majority on their completing 18 years of age and not before.
Facts : Z sought to purchase a property belonging to K (a minor) two days before K completed 18 years of age. K really liked Z’s offer and six months later they entered into a contract for sale of the property to Z. Was K competent to contract ?

  • K was not competent to contract because he was influenced by Z when K was a minor
  • K is competent to contract because he entered into the contract after completing 18 years of age
  • K was not competent to contract because Z had approached him before he completed 18 years of age
  • None of the above
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The Correct Option is B

Solution and Explanation

To determine whether K was competent to contract, we need to apply the legal principle of 'competence to contract'. According to the principle, a person is competent if they have reached the age of majority, are of sound mind, and are not disqualified under any law. The 'age of majority' is attained when a person completes 18 years of age.
Examining the facts: K was approached by Z for purchasing property two days before K turned 18. The contract was entered into six months later, meaning K was 18 years old and hence had reached the age of majority at that time.
Since K entered into the contract after turning 18, he met the requirement of age of majority. There is no indication in the facts about any disqualification or lack of sound mind affecting K's competence.
Therefore, the most appropriate answer is:
K is competent to contract because he entered into the contract after completing 18 years of age.
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