Model Answer
0 min readIntroduction
The principle that “minority is a shield, not a sword” is a cornerstone of contract law, particularly concerning the contractual capacity of individuals below the age of majority (18 years in India, as per the Indian Majority Act, 1871). This maxim signifies that a minor can use their minority as a defense against contractual obligations, rendering contracts entered into by them void ab initio (from the beginning). However, a minor cannot actively enforce a contract or take advantage of it; they cannot ‘wield’ their minority to gain benefits. This protection is granted due to the perceived lack of maturity and judgment in minors.
General Rule: Void Agreements
As per Section 11 of the Indian Contract Act, 1872, a minor is not competent to contract. Therefore, any agreement entered into by a minor is void, meaning it has no legal effect. This implies that neither party can enforce the contract against the minor. The minor is protected from exploitation and irresponsible commitments.
Exceptions to the Rule: When a Minor is Liable
While the general rule protects minors, certain exceptions exist where they can be held liable under the law of contract. These exceptions are based on the premise that the minor has obtained benefits from the contract and it would be inequitable to allow them to avoid all obligations:
1. Necessaries of Life (Section 68)
A minor is liable to pay a reasonable price for ‘necessaries’ supplied to them. Necessaries include goods and services essential for the minor’s sustenance, such as food, clothing, lodging, education, and medical care. However, the liability is not for the contract price but for the reasonable value of the necessaries.
- Nash v. Inman (1908) 2 KB 1: This landmark case established that a minor is not bound by a contract for necessaries unless the goods supplied are actually necessary for their maintenance and education.
2. Contract of Service (Apprenticeship)
Contracts of apprenticeship are generally binding on minors. This is because these contracts provide the minor with a means of learning a trade or profession, which is considered beneficial to them. The contract must be demonstrably beneficial to the minor.
3. Ratification Upon Attaining Majority
A minor cannot ratify a contract entered into during their minority upon attaining majority. Ratification means affirming a previously void act to give it legal effect. However, if a minor enters into a contract for the purchase of property, they can, upon attaining majority, adopt the contract and become bound by it. This adoption must be express and voluntary.
4. Agency
A minor can act as an agent, but their agency is limited. They can bind the principal, but not themselves, in a contract. This is because a minor lacks the capacity to enter into a binding contract on their own behalf.
5. Statutory Exceptions
Certain statutes create exceptions to the general rule. For example, a minor can be held liable under the Insolvency and Bankruptcy Code, 2016, if they are engaged in a business and incur debts.
Table Summarizing Exceptions
| Exception | Description | Legal Basis |
|---|---|---|
| Necessaries of Life | Minor liable for reasonable price of essential goods/services. | Section 68, Indian Contract Act, 1872 |
| Contract of Service | Apprenticeship contracts binding if beneficial to the minor. | General principles of equity and benefit to minor |
| Ratification | Minor can adopt contracts for property upon attaining majority. | Principles of adoption and voluntary affirmation |
| Agency | Minor can act as an agent, binding the principal. | Principles of agency law |
| Statutory Exceptions | Specific laws may impose liability (e.g., Insolvency Code). | Relevant statutes (e.g., Insolvency and Bankruptcy Code, 2016) |
Conclusion
In conclusion, the principle of “minority as a shield, not a sword” aims to protect vulnerable individuals from the consequences of their immature decisions. While the general rule renders contracts with minors void, exceptions exist to prevent unjust enrichment and ensure fairness. These exceptions are carefully crafted to balance the protection of minors with the need to uphold contractual obligations in specific circumstances. Understanding these nuances is crucial for navigating contract law involving 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.