Case Law: Mohiri Bibi v. Dharmodas Ghosh
Facts of the Case: In this case, Dharmodas Ghosh was the plaintiff and had taken a loan by giving his property as a mortgage to a moneylender. He entered into the agreement while he was a minor. The defendantâs attorney has knowledge regarding the age of the plaintiff and still enters into an agreement with him. The plaintiff has paid âč8000 to the defendant but has refused to pay any further amount. The plaintiff along with his mother who is his legal guardian initiated a case against the defendant.
Judgement of the Court: The court in this case has declared that there is no contract between the plaintiff and the defendant and the defendant cannot force the plaintiff to repay the amount. At the time of the agreement, the plaintiff was a minor and could not enter into any contract which is enforceable by law. The agreement between the plaintiff and the defendant is void and the plaintiff need not pay the amount.
Minor: Meaning, Minorâs Agreements and Exception
The Indian Contract Act, 1872 defines a contract as any agreement that is enforceable by law. According to the act, there are several essentials of a valid contract, and if any of these essentials are missing, then the agreement cannot be called a valid contract. Some of the main essentials of a valid contract are offer and acceptance, lawful consideration, lawful object, intention to create a contract, and competence of the parties. The competence of parties to enter into a contract is explained in section 11 of the Indian Contract Act, of 1872.
Meaning of âContractâ as per The Indian Contract Act, 1872
The Indian Contract Act, 1872 defines the term âContractâ under its Section 2(h) as âAn agreement enforceable by lawâ. In other words, we can say that a contract is anything that is an agreement and enforceable by the law of the land.
Geeky Takeaways:
- Any contract by a minor is a void contract and cannot be enforceable by law.
- According to the laws of the country attaining the age of majority is one of the essential requirements of a valid contract.
- The Indian Contract Act, 1872 explains that any person who has attained the age of majority as per the law, is of sound mind, and is not disqualified by law to agree is competent for entering into any contract.
- The Indian Apprentices Act, 1850 allows minors to enter into a contract in certain exceptional cases.
Table of Content
- Who is a Minor?
- Case Law: Mohiri Bibi v. Dharmodas Ghosh
- Effects of Minorâs Agreement
- Exception to General Rule
- Can a Minor be a Partner?
- Conclusion
- Minor under Indian Contract Act- FAQs
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