Studies in Ancient Hindu Polity (Based on the Arthashastra of Kautilya), Vol. I c14.s1.56

c14.s1.56

In connexion with the subject of contracts made through agents, of which I shall speak presently, a few terms occur which imply some other absolute disabilities so far as the principals are concerned.² अप्राप्तव्यवहार, for instance, indicates an age below which a person cannot make a valid contract on his own account; similarly, अतीतव्यवहार³ signifies another disability, due most probably to an age-limit beyond which a person is supposed to lose the amount of discretion that is necessary for making contracts on his own behalf, though he may act as an agent under the instructions of his principal, just as a minor can. Manu and others, however, make decrepit old age (स्थविरत्व) an absolute bar. It should also be noted that an ascetic (प्रव्रजित), a person convicted (अभिशस्त), one physically deformed (पंगु), or one passionately addicted to any kind of evil practice, e.g. drinking (मद्यपी), can, according to Kauṭilya, make contracts on behalf of principals authorizing them, but Kauṭilya does not clearly state whether they can also enter into contracts on their own behalf. Some of our ancient lawgivers, however, mention a few of the above conditions as nullifying contracts.