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CONTRACT
MINOR
Who is a minor Acc. To sec 3 of
Indian majority act, 1875, a minor is
a person who has not attained the
age of 18 years.
Rules relating to an
agreement with a minor
First rule- law protects minors
against their own inexperience &
against the possible improper designs
of those more experienced
Second rule-the law should not cause
unnecessary hardship to persons who
deal with minors
Minors Agreements
1. Agreement is void ab initio:
Case mohori bibi vs. Dharmodas Ghose
Dharmodas , a minor executed a mortgage for Rs.
20000 declaring himself major & received Rs.
8000 from mohori bibi, a mortgagee. The minor
wanted to set aside the mortgage. The mortgagee
wanted the refund of Rs 8000. It was held that
the agreement with the minor was void ab initio &
question of refunding money does not arise.
Services
Education
Medical help
Legal Advice
Training for advice
Persons of UNSOUND
MIND
Acc to sec 12:
A person is said to be of sound mind
for the purpose of making a contract
if, at the time when he makes it, he
is capable of understanding it & of
forming a rational judgment as to its
effect upon his interest.
Unsoundness may be
categorized as:
Idiots has completly lost his mental
powers
Lunatic the person losses the
capacity due to the illness of brain or
mental bodily distress.
Drunkenness
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