Minority And Contractual Capacity: A Legal Perspective
- IJLLR Journal
- Jan 19
- 2 min read
Ishika Jaiswal, St. Xaviers’s University, Kolkata
ABSTRACT
This paper delves into the legal aspects of the contractual capacity of minorities as outlined in the Indian Contract Act of 1872. A contract, being a legally binding agreement, necessitates a thorough examination of the concept of 'capacity' in discussions related to contract law. In today's interconnected global environment, the ability of a party to engage in commercial transactions hinges on their contractual competence. This study aims to explore the criteria determining whether an individual is competent to enter into a valid contract with another, specifically within the framework of the Indian Contract Act of 1872. It incorporates an analysis of relevant case laws, offering insights into the subject within the context of Indian law.Minors are universally acknowledged as a form of legal incapacity, and its implications vary across jurisdictions. Some countries afford minors limited capacity to enter into contracts, while others deem all contracts with minors as void. This study sheds light on the validation of agreements involving minors, questioning whether the existing legal framework necessitates revaluation and revision. This paper focuses on contract law; it examines the legal implications of contracts entered into by minors. In Indian scenario, the legal system is primarily guided by Section 11 of the Indian Contract Act, which states that a minor is incapable of contracting. This provision protects minor from exploitation and it also raises a crucial question regarding how such restrictions may impact minors especially where they are involved in entrepreneurial or professional scenarios .In addition, this paper also discusses the exception and remedies available in the legal system. For example, the contracts that have been made for necessaries bought by a minor are said to be valid contracts under Section 68 of the Act. This provision provides protection to the minors as they are unable to enter into legal contracts by themselves. This paper also argues that such exceptions require a more liberal model, which would correspond to the current sociological and economical circumstances to a greater extent.
Keywords: Minor, Legal competence, Contract
