A person under the age of 18 is classified as a minor. Because they have an immature mind, they are very often exploited. There are laws that protect minors from unnecessary hardship when they enter into an agreement. Any agreement that brings a certain advantage to the minor and to which he is not bound is valid. An agreement reached by a minor cannot be confirmed by him on obtaining a majority. The reason is that the agreement on minors was concluded from the beginning and is therefore not valid by ratification. 2. No Estoppel against a minor – There can be no Estoppel against a minor, if a minor has entered into a contract because of a misrepresentation of his age, he cannot be made under contract. But the court may order the minor to restore ownership of the other party, because “minors cannot have the privilege of deceiving men.” The Juvenile Conventions Act under Indian law can be summed up as follows: it means that when a person obtains property through misrepresentation, he or she may be forced to restore it to the person from whom he or she received it. This doctrine also applies to minors. But the miner may be forced to restore the property or the goods as long as the same thing can be traced back into his possession. A contract entered into on his behalf by his parent/guardian or the administrator of his estate may be explicitly invoked by or against minors, provided that the contract is the law on contracts with minors. The position of the agreements concluded with or in a minor way can be summarized as follows: the (minority) consideration granted under the previous agreement cannot be considered either as a means of taking into account the new agreement (during the majority) or in the case of Nazir Ahmed v.
Jiwandas. A minor cannot be declared in default. That`s because all agreements with a minor are totally undecided. Moreover, the minor is not personally responsible for the debts incurred during the period of his minority. 2. No Estoppel against a minor – Estoppel against a minor cannot be, if a minor has entered into a contract because of a misrepresentation of his age, it cannot be signed. But the court may order the minor to restore the property of the other party because “minors cannot have the privilege of deceiving men.” (4) Minors may be beneficiaries – a minor may be a beneficiary. 1. An agreement with or with minors is cancelled – An agreement with a minor is cancelled from the initio. In the case of Mohori Bibi v. Dharmo the ghose, the miner borrowed money from Mohori by making a mortgage of his property for the benefit of mohori.
Subsequently, dharmo filed a complaint for the cancellation of the mortgage. The Secret Council found that Sections 10 and 11 of the Indian Contracts Act would nullify the minor`s agreement and that, therefore, the mortgage was not valid. Mohori prayed for the money to be refunded. It was decided that the money that was advanced to the miners could not be recovered because the agreement of the miners was null and private. Agreement – Minority Agreement Act, Why minors are not in a position to contract The law on minor contracts was discussed as follows: All agreements with a minor are absolutely unacceptable.
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