Nupur Singh, Hidayatullah National Law University, Raipur
ABSTRACT
This paper is an analytical and descriptive study about basic concepts of Minor Agreement. It further presents the presents various case laws and exceptions to available to the concerned law.
INTRODUCTION
In today’s era, we enter into agreements very often even though many of them do not have any legal binding. An agreement is a mutual promise between the two parties to do or to abstain from doing something in return of a consideration. Moving this point forward, there are many agreements that involves minor, which are considered void by the law of land. Minors are considered to be the ones who are below the age of 18 years and are considered incompetent to get into an agreement. In present society many minors are exposed to public life at higher rate, they make agreements while travelling, purchasing products etc. As a result, any party can influence the minor or dismiss him on the basis that the agreement is void. As a result, legal protection for or against the minor, as well as identification of his status under the Indian Contract Act of 1872, is critical. According to the Indian Contract Act, 1872 competency is pre-requisite before entering into any sort of agreement. Section 10 and Section 11 of the aforementioned act explains what agreements are contracts and which parties are considered competent by the law of the land, respectively. A minor's understanding is the point at which a minor goes into an arrangement (which is void ab initio as per the law). Area 10 of the Indian Contract Act, says that the gatherings going into an agreement should be equipped to contract (appropriate/qualified by law). Then again, area 11 of the Indian Contract Act says that a minor (under 18 years old) is, subsequently, not capable to go into the agreement. This clearly implies that, A minor and a contract does not go arm and arm and therefore, is considered to be invalid and does not have any legal binding. This research paper discusses a minor's contracting ability, the nature of a minor's agreement, and its ramifications, as well as important case law.
