Professional Documents
Culture Documents
V
Every person who has attained the
,
Who is of and
V
As a minor·s agreement is void
he cannot validate it by ratification on
attaining majority.
V For instance, a minor borrows money
and executes a promissory note. On
attaining majority, he executes a fresh
promissory note in substitution of the one
executed as a minor.
V The second promissory note is void as it is
without consideration.
V 5. ÷
Though a minor·s agreement is void. His
guardian can, under certain circumstances
enter into a valid contract on the minor·s
behalf.
V Where the guardian makes a contract for the
minor and which is within his {guardian}
competence and which is for the benefit of
the minor.
V Duch a contract is valid which minor can
enforce.
V For instance a guardian can make an
enforceable contract of marriage for a minor.
It is customary among most of communities in
India for parents to arrange marriages
between minor children and the law has to
adapt itself to the habits and customs of the
people.
V Dimilarly, when the father of the
bridegroom contracts with the father of
the bride to pay the bride an allowance
the bride can sue her fatherxinxlaw to
recover arrears of the allowance But all
contracts made by guardian on behalf
of a minor are not valid.
V For instance, the guardian of a minor has
no power to bind the minor by a
contact.
V ·. [
However,
the contract with minor for necessaries is
valid and minor·s property is liable. This is
illustrated in Dection ·8 of the act to the
effect
V If a person incapable of entering into a
contract or anyone whom he is legally
bound to support, is supplied by another
person with necessaries suited to his
condition in life, the person who has
furnished such supplies is entitled to
be reimbursed from the property of such
incapable person
V Thus any person would be entitled to
reimbursement out of the minor·s estate,
for necessaries supplied to him or to his
family whom he is bound to support A
minor cannot be held personally liable
for necessaries but his property is liable.
V èecessaries as defined by the English Dale
of Goods Act, mean goods suitable to the
condition in the life of infant as required by
him at the time of sale and delivery.
V It includes not only food and clothing and
housing but also includes the education
and the instruction needed.
V èecessaries also include services offered.
Articles of mere luxury offered are always
excluded though luxurious articles of utility
are in some and relevant appropriate cases
may be allowed.
V Even the money advanced to buy the
goods and services necessary are also
included and covered.
V The infant·s need of things may also
sometimes depend upon the peculiar
circumstances under which they are
purchased and the use to which they
are put.
V For instance, articles purchased by an
infant for his wedding may be deemed
necessary, while under ordinary
circumstances the same articles may not
be so considered.
V A person of unsound mind is incapable of
entering into a contract.
V An agreement by a person who is not of
sound mind is void.
V However, such a person can enter into a
valid contract during an interval of lucidity.
V Unsoundness of mind is one who is x
V (i) Incapable of understanding the
contract
V (ii) and of forming a rational judgement as
to its effect upon his interest.
V Idiots, lunatics and drunken persons are
examples of those having an unsound
mind. Where a person is usually of
sound mind, but occasionally
becomes a person of
V Unsound mind cannot enter into
agreement when he turns unsound.
V Dimilarly, a person who is unsound mind
can make a contract when he turns
sound mind.
V For example a patient in a lunatic
asylum, who is at intervals of soulmind
may contract during such intervals.
V Besides minors and persons of unsound mind,
there are also other persons who are
disqualified from contracting, partially or
wholly.
V Contracts by such person and with such
persons are void. If, by any provincial
legislation, person is declared ¶disqualified
proprietor·, he is not competent.
V An alien enemy during war cannot enter into a
contract with an Indian subject. He cannot sue
in Indian Courts without a licence from the
Central Government Contracts made before
the war may either be suspended or
disallowed if they are against the public policy
or if their performance would benefit the
enemy
V Dimilarly, a statutory corporation cannot
enter into a contract which is ultra vires its
memorandum. Likewise, municipal bodies
are disqualified from entering into contracts
which are not within their statutory powers.
V ÷
x A convict while undergoing
imprisonment is incapable of entering into
contract. This incapacity to contract comes
to an end when the period of sentence expires
or when he is pardoned.
V As per constitution minors are given
prime importance.
V It is prime duty of courts to take care of
minors and give them appropriate and
judicious treatment as and when
required.