A Study Of Minor’s Capacity To Contract

Maitri Raj Tiwari, Krit P. Mehta School of Law, NMIMS

ABSTRACT

The primary aim of this research work is to broadly analyse the concept of Minor’s capacity to Contract. As mentioned under Section 10 and Section 11 respectively of Indian Contract Act 1872, “A person's ability to contract as being based on three factors: achieving the age of majority, being of mentally sound, and not being barred from making a contract by any legislation to which he is subject” and “All agreements are contracts if they are made with the free assent of the contracting parties, for lawful compensation, and with a lawful intent, and are not specifically declared to be void.”

The author aims at studying and analysing the nature and effects of minor’s capacity to contract. The author further aims at determining and highlighting the necessities supplied to a minor and various instances of contracts beneficial to a minor.

The research methodology adopted for this paper is ‘Doctrinal Methodology’ of research. All sources were mainly collected through the internet and research databases. No primary data was used for the study.

The findings of the paper suggest that the Indian Contract Act requires that contracting parties be competent to contract and clearly states that a person who is infantile or a minor cannot make a contract within the meaning of the Act and that a contractual party's age of majority (18 years in India) is a required criterion for the contract's legality. It can be further noted that when a minor makes a claim against the other party, the minor has the right to sue the other party if he is cheated out of money or fails to fulfil under the terms of the agreement. If a minor's agreement is void, no litigation may be brought against him, and the minor cannot ratify it when he attains majority. However, a beneficial agreement in favour of a minor can be explicitly undertaken.