Exception to General Rule
According to the law of our country, any contract with a minor is void. This rule is established in our country to protect minors from any kind of contractual liabilities. But certain exceptions to this rule are explained below:
1. When Minor has Performed his Obligation: A contract with a minor is void, and according to the act, a minor cannot be a promisor in an agreement. But a minor can be a promisee in certain cases and when the minor has performed in part of the contract, then he has the right to force the other party to perform their part as well.
2. A Contract entered into by Guardian of Minor for his Benefit: The Indian Contract Act, 1872 allows the guardian of the minor to enter into a contract on behalf of the minor. The minor can enforce such a contract when the other party is not performing their part in the agreement.
3. Contract of Apprenticeship: The Indian Apprentices Act, 1850 allows minors to enter into a contract in certain special cases. The government made this act so that children with special needs can enter into a contract and learn certain things that will help them when they have attained the age of majority.
Minor: Meaning, Minor’s 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 ‘Contract’ as per The Indian Contract Act, 1872
The Indian Contract Act, 1872 defines the term “Contract” under its Section 2(h) as “An agreement enforceable by law”. 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 Minor’s Agreement
- Exception to General Rule
- Can a Minor be a Partner?
- Conclusion
- Minor under Indian Contract Act- FAQs