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    CLAT Fourth Merit List 2026 (Postponed) - Download PDF here

    Agreement with Minor for CLAT - Practice Questions & MCQ

    Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

    Quick Facts

    • 10 Questions around this concept.

    Solve by difficulty

    Read the following passage and answer the question.

    Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitled to be reimbursed (Section 68 of Indian Contract Act, 1872) The liability is not to pay the agreed price, but to reimburse. The minor is not personally liable, but the minor's property is liable for the amount. Since the decision of the Privy Council in Mohori Bibee Dharmodas Ghose, it is clear that this section applies to minors as well as to persons of unsound mind and others, if any, disqualified from contracting by any law to which they are subject.

    The term "necessaries" includes everything necessary to maintain an incompetent person in the state, station, or degree of life in which he is, and what is "necessary" is a relative fact to be determined with reference to the fortune and circumstances of a particular infant The meaning of the word is not confined to "necessities".Necessaries must be things which the minor actually needs, therefore, it is not enough that they be of a kind which a person of his condition may reasonably want for ordinary use, they will not be necessary if he is already sufficiently supplied with things of that kind, and it is immaterial whether the other party knows this The court should take into consideration the character of the goods supplied, the actual circumstances of the minor, and the extent to which the minor was already supplied with them. Things may be useful to the minor, but the quality or quantity supplied 
    may render them not necessary.

    Question :-  A, a male aged 15 years marries a girl B aged 13 years. A, purchases certain household necessities  such as vegetables and fruits from Mr. C. Decide

     

     

    Read the following passage and answer the question.

    Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitled to be reimbursed (Section 68 of Indian Contract Act, 1872) The liability is not to pay the agreed price, but to reimburse. The minor is not personally liable, but the minor's property is liable for the amount. Since the decision of the Privy Council in Mohori Bibee Dharmodas Ghose, it is clear that this section applies to minors as well as to persons of unsound mind and others, if any, disqualified from contracting by any law to which they are subject.

    The term "necessaries" includes everything necessary to maintain an incompetent person in the state, station, or degree of life in which he is, and what is "necessary" is a relative fact to be determined with reference to the fortune and circumstances of a particular infant The meaning of the word is not confined to "necessities".Necessaries must be things which the minor actually needs, therefore, it is not enough that they be of a kind which a person of his condition may reasonably want for ordinary use, they will not be necessary if he is already sufficiently supplied with things of that kind, and it is immaterial whether the other party knows this The court should take into consideration the character of the goods supplied, the actual circumstances of the minor, and the extent to which the minor was already supplied with them. Things may be useful to the minor, but the quality or quantity supplied 
    may render them not necessary.

    Question :- Ankita is aged 12 years At a little age of 10, she lost both of her parents. She belongs to one of the richest families in India. She buys an iPhone 10 Pro and a Mercedes car from Mr. Shyam and Mr.  Gyandev. Decide.

     

    Read the following passage and answer the question.

    Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitled to be reimbursed (Section 68 of Indian Contract Act, 1872) The liability is not to pay the agreed price, but to reimburse. The minor is not personally liable, but the minor's property is liable for the amount. Since the decision of the Privy Council in Mohori Bibee Dharmodas Ghose, it is clear that this section applies to minors as well as to persons of unsound mind and others, if any, disqualified from contracting by any law to which they are subject.

    The term "necessaries" includes everything necessary to maintain an incompetent person in the state, station, or degree of life in which he is, and what is "necessary" is a relative fact to be determined with reference to the fortune and circumstances of a particular infant The meaning of the word is not confined to "necessities".Necessaries must be things which the minor actually needs, therefore, it is not enough that they be of a kind which a person of his condition may reasonably want for ordinary use, they will not be necessary if he is already sufficiently supplied with things of that kind, and it is immaterial whether the other party knows this The court should take into consideration the character of the goods supplied, the actual circumstances of the minor, and the extent to which the minor was already supplied with them. Things may be useful to the minor, but the quality or quantity supplied 
    may render them not necessary.

    Question :- Hritik is a student at Cambridge University. He is aged 17 years. A tailor in good faith supplies him with eleven fancy waistcoats. Hritik already had one waistcoat. Is he liable to compensate the tailor?

     

    A minor mortgaged his house and received advance. The mortgagee files suit against the minor to recover the money advanced by him. The minor mortgagor takes plea that the suit is not maintainable as there was no valid contract. Decide.

    Pritesh a boy of 16 years of age agrees to buy a camera from Nishita who is a girl of 21 years of age. Which of the following derivations is correct?

    Which rule under evidence law does not apply to minors in contracts?

    Concepts Covered - 1

    Agreement with Minor

    Definition of a Minor:

    • In India, a "minor" is defined as a person who has not attained the age of 18 years. The Indian Contract Act, 1872, contains provisions that govern contracts involving minors.

    Key Aspects of Agreements with Minors:

    Voidable at the Minor's Option:

    • Contracts made with minors are generally considered voidable at the minor's option. This means that a minor has the right to either enforce the contract upon reaching the age of majority (18 years) or void it.
    • The purpose of this rule is to protect minors from their own potentially impulsive or uninformed decisions.

    No Restitution Required:

    • If a minor chooses to void a contract, they are not obligated to return any benefits or compensation they received under the contract.
    • This rule ensures that the minor is not unfairly disadvantaged and retains the benefits received during the contract's duration.

    Examples of Agreements with Minors

    • Purchase of Goods: If a minor buys a mobile phone, they can choose to keep the phone and continue with the contract after reaching the age of majority or return the phone and void the contract.
    • Educational Agreements: Suppose a minor enters into a contract for educational services, such as coaching classes. When they come of age, they can decide whether to continue with the classes or void the agreement.
    • Employment Contracts: If a minor signs an employment contract, they can choose to continue working or terminate the contract once they turn 18.

    Case Law Example : Mohori Bibee vs. Dharmodas Ghose:

    • Background
      • The case of Mohori Bibee vs. Dharmodas Ghose is a landmark case in Indian contract law that established the principle that agreements with minors are voidable at the minor's option.
    • Facts of the Case:
      • Dharmodas Ghose, a minor, mortgaged his property to Mohori Bibee, who was an adult. Dharmodas Ghose borrowed money against this mortgage.
      • Later, after turning 18, Dharmodas Ghose sought to void the contract and recover his property.
    • Court's Decision:
      • The Privy Council held that the contract was voidable at the option of Dharmodas Ghose because he was a minor when he entered into the contract.
      • The mortgage was declared void from the beginning, and Dharmodas Ghose could recover his property.

    Examples of Agreements with Minors:

    • Purchase of Goods:
      • If a minor buys a smartphone or any other product, they can choose to continue with the contract and keep the product upon reaching the age of majority or return the product and void the agreement.
    • Educational Agreements:
      • A minor entering into a contract for educational services, such as coaching classes or online courses, can decide whether to continue with the classes or void the agreement once they turn 18.
    • Employment Contracts:
      • If a minor signs an employment contract, they have the option to either continue working under the contract or terminate it once they reach the age of majority.

    Indian Constitution and Agreements with Minors:

    • The Indian Constitution does not specifically address agreements with minors. Contract law falls under the Concurrent List, allowing both the central and state governments to legislate on the subject. 
    • As a result, the specifics of contract law, including agreements with minors, are primarily governed by the Indian Contract Act, 1872.







     

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