State The Position Of Agreement By A Minor

In accordance with the Indian Contract Act of 1872, jurisdiction is a prerequisite for each party to enter into an agreement. Section 11 of the Contracts Act states: “According to the law to which it is subject, the age of age and the healthy mind are not disqualified by the law to which it is subject. Thus, the section claims the following persons who are not able to enter into a contract-1) minors2) non-solid minded persons3) Persons disqualified by lawA minor and contract law does not go hand in hand and the majority is a necessary condition for a valid contract. When a minor cancels a contract, he must return the property. In the second example above, the minor must return the car if he cannot maintain the payments. The minor may also have to pay for the repair of any damage to the property. [2] In accordance with section 65 of the Amérination Contract Act, any person with such a contract or contract is required to restore it to the person with whom he or she received it or to pay compensation if an agreement is cancelled or if a contract is cancelled. This section did not apply to agreements with minors. The Institution`s Legal Commission now has a specific provision of Article 33 (2) of the Specific Relief Act,1963, which states that if the minor has been sued under a nullity contract, i.e. is prosecuted, if the court has received a benefit from the other party under the agreement, “to the extent that it can be reinstated , which benefits this party to the extent that he or his estate has benefited from it for that part. The position remains unchanged to the extent that the minor is the applicant. It may be preferable to clarify the position that adds an appropriate provision to Section 65 of the Contracts Act in India, which makes it applicable to cases where a person is required to enter into an agreement with a minor about a misrepresentation, that he is a major, or that the person is able to prove that he or she did not know or that his minority was able to prove that he or she was not aware. Similarly, section 65 should be applied to the minor when the miner, say, has sold goods to a person who has paid the price.

Section 30 of the Special Emergency Aid Act 1963 is likely to be sufficient to deal with the situation. A contract with or by a minor is absolutely nil and therefore the minor cannot enter into a contract. The Privy Council considered that the agreement of a minor in the case of Mohan v. Rajkumar was totally disabled. Where Rajkumara Minor borrowed by lending a mortgage on his property to Mohan. The agreement of a minor cannot require a specific benefit from a minor, since any contract with a minor is viod-ab initio. In today`s society, miners are faster than ever in public life. A minor must travel, visit cinemas or confront educational organizations and buy as many products himself. Thus, each party can manipulate the miner or set it aside, since the agreement is inconclusive. Therefore, legal protection for or against the minor and the importance of his position under the Indian Contract Act of 1872 is essential. This article discusses the contractual capacity of a minor, the nature of a minor`s agreement and its consequences, as well as the highlighting of key case law.

When a minor enters into a contract, the parents are not parties and cannot be held liable if the minor does not comply with the contractual terms. But if a parent or both parents sign a contract with the minor, the contract is valid and they are subject to the conditions.