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Which special rights are available to a minor under Indian Contract Act ? |
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Answer» Special rights available to a minor under Indian Contract Act are as follows: (i) An agreement with or by a minor is void and inoperative. The privy council affirmed this view most emphatically in Mohri Bibi V/s Dharmodas Ghosh (1903) case. If in any agreement, a minor has taken the responsibility on his own or he has gained any property or money, then other party can’t enforce him to complete the responsibility or to pay back the money, whether other party knows about the minority of person or not. In the same way minor can reap the profit of the agreement, but can’t he held responsible for any loss. (ii) A minor generally can’t enter into contract for taking loans or buying any current or fixed assets for profits, but can take loans to obtain necessities for life. Necessary goods are not restricted to those articles which are required to maintain a bare existence, but also include those articles which are reasonably necessary to the minor having regard to his standard in life. For e.g., food, cloth, travelling expenses, etc. are held to be necessities for a minor. (iii) He can’t enter into a contract of partnership, but he may be admitted to the benefits of an already existing partnership with the consent of other partners. (iv) He cannot be adjudged insolvent. This is because he is incapable of contracting debts. (v) A minor can be an agent. A minor binds the principal by his acts without incurring any personal liability. (vi) If he has received any benefit under a void agreement, he cannot be asked to compensate or pay for it according to Section 65, which provides for restriction in case of agreements discovered to be void and it does not apply to a minor. (vii) He can always plead minority. Even if he has, by misrepresenting his age, induced the other party to contract with him, he cannot be sued either in contract or for fraud. |
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