From Mohori Bibee To Social Media Influencers: Reforming Minor Contract Law In The Digital Era

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Stuti Kumari, LLB (Hons.), School of Law, UPES

ABSTRACT

In Indian Contract Act, 1872, agreement with a minor is void ab initio. Minor’s Agreement is one of the strictest and most rigid doctrines in Indian Contract law. This rule was clearly established in the landmark judgement by the Privy Council in Mohori Bibee v. Dharmodas Ghose and is mentioned in Section 11 of the Indian Contract Act, 1872. The main purpose of this being so rigid was to protect minors from exploitation and contractual liability. Even if a contract is fair, commercially well accepted, but it is not legally binding with a Minor. This rigidness has played an important protective role in past, but this generation has new challenges to offer. There is a drastic rise in minor content creators, social media influencers, professional gamers, digital entertainers, and online content creators. While doing so they enter in contracts such as brand endorsement deals, monetization arrangements with digital platforms, and sponsorship agreements that may involve significant financial value.

This research paper will study the conflict between rule to protect minor and modern reality of minors entering contracts. It will study how the Indian Contract Act deals with contracts involving Minors. The paper also analyses the concept of “necessaries” under Section 68 of the Indian Contract Act, 1872. This concept basically includes the basic needs of a Minor such as food, education, livelihood, clothing etc. Where as in modern time, the digital tools- high-performance computers, gaming equipment, cameras, and other content-creation devices, are now basic for Minors to earn and learn. This paper will study if these tools be included in necessaries.

This paper uses a doctrinal and analytical research method. It studies relevant laws, court decisions, academic writings, and comparative legal approaches, along with current industry practices in influencer marketing and digital content monetization. This paper argues that the rule established in Mohori Bibee v. Dharmodas Ghose, are negligent of arising modern issue. This paper suggests reforms and flexibility in legal framework which could achieve both – protection of minor and modern reality of young talent earners. At the same time, any legal change must ensure that strong safeguards remain in place to prevent the exploitation of minors in commercial arrangements.

Keywords: Void Ab Initio; Minors; Contract; Agreement; Indian Contract Act, 1872; Digital Era; Necessaries.

483. FROM MOHORI BIBEE TO SOCIAL MEDIA INFLUENCERS- REFORMING MINOR CONTRACT LAW IN THE DI

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