Rules Regarding Minor’s Agreement

Rules Regarding Minor’s Agreement

Rules Regarding Minor’s Agreement

A Person under the age of eighteen years is called a Minor. An infant or a minor is a person who is not a major. According to the Indian Majority Act, 1875, a minor is one who has not completed his or her 18th year of age. A person attains a majority on completing his 18th year in India. A “minor’s agreement” is one that involves an individual or individuals under the age of 18.

A minor’s agreement being void is wholly devoid of all Meets. When there is no contract. There should be no contractual obligation on either side.

(1) An agreement with or by minor is void: Section 10 of the Indian Contract Act requires that the parties to a contract must be competent and Section 11 says that a minor is not a competition. But either section makes it clear whether the contract entered into by a minor is void or voidable. Till 1903, the court in we are not unanimous on this point the Privy Council made it perfectly clear that a minor is not competent to a contract and that a contract by minor is void ab-initio.

(2) No ratification: An agreement with the minor is completely void. A minor cannot ratify the agreement even on attaining majority, because a void agreement cannot be ratified. A person who is not competent authorize an act cannot give it validity by ratifying. But if on becoming a major, minor makes a new a new promise for fresh consideration, then this new promise will be binding.

(3) Minor can be a promise or beneficiary: If a contract is a beneficiary to a minor it can be enforced by him. There is no restriction on a minor from bringing a beneficiary, for example, being a payee or a promisee in a contract. Thus a minor is capable of purchasing immovable property and he may sue to recover the possession of the property upon tender of the purchase money. Similarly, a minor in whose favor a promissory note has been executed can enforce it.

(4) No estoppel against a minor: Where a minor by misrepresenting his age has induced the other party to enter into a contract with him, he cannot be made liable on them. contract. There can be no estoppel against a minor. It means he is not estopped from pleading his infancy in order to avoid a contract.

(5) No Specific performance except in certain cases: A minor’s contract being absolutely void, there can be no question of the specific performance of such contract. A guardian of a minor cannot bind the minor by an agreement for the purchase of immovable property; so the minor cannot ask for the specific performance of the contract which the guardian had no power to enter into.

But a contract entered into by guardian or manager on minor’s behalf can be specifically enforced if –

(a) The contract is within the authority of the guardian or manager.

(b) It is for the benefit of the minor.

(6) Liability for torts: A tort is a civil wrong. A Minor is liable in tort unless the tort, in reality, is a breach of contract. Thus, where a minor borrowed a horse for riding only he was held liable when he lent the horse to one of his friends who jumped and killed the horse.

But a minor cannot be made liable for a breach of contract by framing the action on tort. you cannot convert a contract into a tort to enable you to sue an infant.

(7) No insolvency: A minor cannot be declared insolvent as he is incapable of contracting debts and dues are payable from the personal properties of minor and he is not personally liable.

(8) Partnership: A minor being incompetent to contract cannot be a partner in a partnership firm, but under Section 30 of the Indian Contract Act, he can be admitted to the benefits of partnership.

(9) Minor can be an agent: A minor can act as an agent. But he will not be liable to his principal for his acts. A minor can draw, deliver and endorse negotiable instruments without himself being liable.

(10) Minor cannot bind parent or guardian: In the absence of authority, express or implied, an infant is not capable of binding his parent or guardian, even for necessaries. The parents will be held liable only when the child is acting as an agent for parents.

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