Capacity and authority, representation, covenant and evidence set
Capacity is the one defect that cannot be cured after the event: a contract with a party who was incompetent to contract is void from the beginning, so it is never ratified, never enforced and never saved by the other side’s good faith.
- 3 pages
- 65
- Word and PDF
- 14 September 2026
What it covers
- 1Capacity and authority, representation, covenant and evidence sets.11, Indian Contract Act 1872
Read the opening
The first part of the format, as it downloads. Blanks are highlighted.
CAPACITY, AUTHORITY AND DUE EXECUTION
General set at clauses 1 to 6, followed by the entity-specific insertions. Use the insertion that matches the counterparty and delete the rest.
1. Capacity. Each Party represents and warrants to the other, as at the date of this Agreement and as at the Effective Date, that:
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