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Under Sec. 3 of te Indian Majority Act, 1875, a minor is a person "who has not completed the age of 18 years of age". If a guardin for his person or property is appointed before he attains the age of 18 years of age, then the minority of that minor extends until he attains the age of 21 years.
Section 11 of the Indian Contract Act, 1872 prescribes that "a minor is not competent to contract" Therefore, any contract entered into with a minor is void ab initio(= from the beginning) and hence unenforceable in a Court of Law. It was held in Mohari Bibi vs. Dharmadas Ghosh, that "A contract by aminor is not contract at all" In fact, it cannot be ratified by the minor on his attaining his majority age.
M.J. SUBRAMANYAM, XCHANGING TECHNOLOGY SERVILCES LTD.
Wiki User
∙ 11y ago
Wiki User
∙ 11y agoAs per Sec. 3 of the Indian Majoirty Act, 1875, "a minor is a person who has not completed the age of 18 years" In case if a guardian is appointed, before he attains majority by a Court of Law, then his minority gets extended till he completes 21 years of age.
As per Sec. 11 of the Indian Contract Act, 1872, a contract with a minor is void ab initio, i.e. from the beginning. Therefore, by virtue of this, all contracts wntered into by a minor is void ab initio, i.e., from the begininning and therefore, unenforceable in any Court of Law. As such, a contract signed by a minor is not enforceable against the minor.
M.J. SUBRAMANYAM, XCHANGING.
Wiki User
∙ 14y agoA minor can only make contracts if the contract involves necessary interactions. For example a minor can buy groceries while he can not buy a car.
Wiki User
∙ 11y agoA minor can avoid a contract unless it is for a necessary good or a contract that is beneficial to them
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When a person is a minor is the missing element to a valid contract called offer and acceptance?
No. A contract with a minor by definition is characterized by offer, acceptance and consideration. Minority is an affirmative defense to liability for non-performance of the contract.
What happens if you sign a contract with a minor and didn't know?
The minor can void the contract. If they affirm it after they become an adult, it would become valid.
Can an individual be held legally responsible for debts that occured when they were a minor?
In general, minors are not legally responsible for debts they incurred while under the age of majority. However, once they reach the age of majority, they may be held responsible for those debts if they affirm or continue to make payments on them.
Is a contract signed by a 17 year old valid?
No it is not valid. It can be affirmed or acknowledged by the minor when they turn 18.
If you signed a contract and mailed it back to the original person who also signed it is the contract valid?
any signed contract is valid, when you mailed it back, did you register it? this is to make sure that the other person received it.
Is viodable contract is a type of valid contract?
Yes: It is a valid contract in the beginning but subsequently it changes into voidable contract due to some uncertain reasons. For example; A person do contract to B person that he will give some garments importing from London and the B accepts it, after it in the way some thing happen and the product is destroyed then a valid contract will be change in a voidable contract.
Can a minor cancel a recording contract in the state of Ohio?
If the minor is under the legal age of emancipation, any so-called "contract" that THE MINOR SIGNS is not legal or valid and therefore is unenforceable. However, if the minor's parent/guardian signs for them, they may be obligated to the terms of the agreement.
What is an example of the persons disqualified by law to enter into a contract?
As for contract law, a person must be able to understand the nature and consequences of the contract when it is formed. Mental capacity refers to one's legal ability to enter into a contract. Your question is assumed to refer to a person who lacks mental capacity. A person who lacks mental capacity cannot understand the obligations under a contract and that makes the contract voidable in most cases.Also, a minor cannot make a valid contract in most cases.
Is a contract made by an intoxicated person valid?
it is and excuse that may work to get out of it ..
Can a 15 year old sign a rental form for a unit?
You could sign it but the contract would not be valid as you are a minor.
Can you get out of a car finance contract for being underage?
Generally, if a contract is signed by a person who is under 18 years of age, the contract is not valid.
Is money lending a valid contract?
It depends on the contract If you are borrowing from a bank or other valid institution I will guaranty the contract will be valid and enforceable. If you are borrowing from your local loan shark, the "contract" may not be valid, but do you want to take the chance?
