Question: What Is The Legal Effect Of An Agreement By A Minor?

Can a minor be a promisee?

When minor has performed his obligation: In a contract, a minor can be a promisee but not a promisor.

A contract entered into by guardian of minor for his benefit: In that case, a minor can sue the other party when it does not perform its promise..

What are the rules regarding minor agreement?

1) A contract with a minor is void and, hence, no obligations can ever arise on him thereunder. 2) The minor party cannot ratify the contract upon attaining majority unless a law specifically allows this. 3) No court can allow specific performance of a contract with minors because it is void altogether.

 Example: A man by giving a threat to commit suicide induces his wife and son to execute a deed in favour of him in respect of certain property and they execute. Held that the consent of the wife and son has obtained through coercion.

What happens if a minor lies about their age on a contract?

Penalties for misrepresenting one’s age can result in some serious legal penalties. These may include: Misdemeanor charges (especially for misrepresentation of age by a minor) Denial of rights that the person was applying for.

What minor means?

In law, a minor is a person under a certain age, usually the age of majority, which legally demarcates childhood from adulthood. The age of majority depends upon jurisdiction and application, but it is generally 18. Minor may also be used in contexts that are unconnected to the overall age of majority.

Consent is said to be free when it is not obtained by coercion, or undue influence or fraud or misrepresentation or mistake.

Is entering an agreement with a minor is enforceable by law?

So a contract with minor stands null and void since either party can not impose it. And even after the person attains majority, the same agreement cannot be ratified by him. The difference here is that a minor’s contract is void/null; So a contract however, it is not illegal as there is no statutory provision on this.

Can a minor enter into a contract of sale?

The contracts entered into by parties incapable of giving consent to a contract such as minors are voidable and annullable. Since minors are incapable of giving consent, there could be no concurrence of consent of the parties as an essential requisite of a contract.

What is the nature of a minor contract?

In a contract a minor can be a promise but not a promisor and if he has performed his part of promise, he can enforce the obligation upon other party. Though a minor’s agreement is void, his guardian can, under certain circumstances enter into a valid contract on minor’s behalf.

Consent should be free from:Coercion.fraud.misrepresentation.undue influence.mistake.

What agreements are considered void?

An agreement to carry out an illegal act is an example of a void agreement. For example, a agreement between drug dealers and buyers is a void agreement simply because the terms of the contract are illegal. In such a case, neither party can go to court to enforce the contract.

Ratification of minor’s agreement: An agreement with a minor is void and therefore it cannot be ratified by the after attaining the age of majority and the consideration given to the minor during minority cannot be a valid consideration for the promise made by him after attaining the majority.

Free Consent. According to Section 13, ” two or more persons are said to be in consent when they agree upon the same thing in the same sense (Consensus-ad-idem). According to Section 14, Consent is said to be free when it is not caused by coercion or undue influence or fraud or misrepresentation or mistake.

What is minor business law?

The minor in business law allows students from any academic discipline to learn the skill sets necessary to identify and manage legal issues encountered within personal and professional contexts, including insurance, employment, home ownership, and personal property.

What type of contracts Cannot be voided by a minor?

From time to time we are asked to consider whether a client can contract with a Minor. The exceptions to this general rule are: contracts for necessities; and. contracts for employment.

How would you classify a contract entered into by a minor?

The general rule regarding contracting with minors or infants is that such a contract is voidable by the minor. This rule has been established to protect younger individuals who may not fully grasp the consequences of certain contracts.

What is a minor agreement?

A minor’s agreement is a contract entered with an individual of minority age. This means that the contract is void ab initio (from the beginning). … In case one is a minor the contract becomes void from the beginning and in actual sense the contract cannot be enforced against the minor even when the minor becomes of age.