Model Answer
0 min readIntroduction
The capacity to contract is a fundamental element of a valid contract under Indian law. The Indian Contract Act, 1872, specifically addresses the contractual capacity of minors, recognizing their vulnerability and inexperience. A ‘minor’ is defined as a person who has not completed eighteen years of age. Agreements entered into by minors are generally considered void, protecting them from exploitation. This principle stems from the legal maxim *infans non est miles*, meaning an infant cannot be held responsible for their actions. Understanding the nuances of this law is crucial for safeguarding the interests of minors and ensuring fairness in contractual dealings.
Definition of a Minor
According to Section 3 of the Indian Majority Act, 1875, a person attains majority at the age of 18 years. Anyone below this age is considered a minor. This Act determines when a person is legally competent to enter into contracts and exercise full legal rights.
General Principles Regarding Minor’s Agreements
The Indian Contract Act, 1872, lays down the following principles regarding agreements with minors:
- Void Ab Initio: An agreement with a minor is void ab initio (from the beginning). This means it is not enforceable against either party. Mohiri Bibee v. Dharmodas Ghose (1903) established this principle. In this case, a minor mortgaged his property and the court held the mortgage deed to be void.
- No Ratification: A minor cannot ratify an agreement upon attaining majority. Ratification would imply validating a previously void agreement, which is not permissible.
- Liability for Necessaries: A minor is liable to pay a reasonable price for ‘necessaries’ supplied to him/her. Necessaries include goods and services essential for the minor’s sustenance, such as food, clothing, lodging, education, and medical assistance.
- No Personal Liability for Contracts: Minors are not personally liable for any debts contracted during their minority.
Exceptions to the General Rule
While the general rule is that agreements with minors are void, there are certain exceptions:
- Contracts for Necessaries: As mentioned above, minors are liable for the price of necessaries. However, the liability is not for the contract price but for a reasonable price.
- Employment Contracts: Contracts of employment entered into by minors are valid, although they are not enforceable against the minor.
- Statutory Exceptions: Certain statutes, like the Apprentices Act, 1961, allow minors to enter into contracts of apprenticeship.
Position of Guardian
When a minor enters into a contract through a guardian, the contract is binding on the minor only if the guardian acted within their powers and for the benefit of the minor. The guardian’s actions are subject to court approval in certain cases.
Impact of Digital Contracts
With the rise of digital contracts and online transactions, the application of the law relating to minor’s agreements has become more complex. Online platforms often require users to confirm their age, but enforcement remains challenging. The onus is on the platform to ensure compliance.
Conclusion
The law relating to minor’s agreements is designed to protect vulnerable individuals from exploitation and ensure fairness in contractual dealings. While the general rule renders such agreements void, exceptions exist for necessaries and certain statutory provisions. The principle established in *Mohiri Bibee v. Dharmodas Ghose* remains a cornerstone of this legal framework. As digital transactions increase, adapting the application of these principles to the online sphere will be crucial to maintain the protection afforded to minors.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.