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Rule Of Restitution Relating To Minor's Contract: The In Pari Delicto




Yashika Parmar, BBA.LL.B., School of Law, Narsee Monjee Institute of Management Studies, Bengaluru

ABSTRACT

The principles governing the Doctrine of Restitution are laid out in Section 65 of the Indian Contract Act of 1872. Discussion centres on what one must do after reaping the benefits of a nullified contract. The Indian Contract Act of 1872 makes exceptions for minors, those with mental or physical disabilities, and those over the age of eighteen.

The Indians Majority Act of 1875 defines a minor as "a person who is not 18 years of age." A minor should not be required to take on additional responsibilities, even if he or she lied about their age to get the other party to sign a contract with them. This shows that he is inclined to use his youth as an excuse to get out of a binding agreement.

Keywords: Doctrine of restitution, Indian Contract Act, void agreement, Indians Majority Act 1875, minor, 18 years old, immovable property, minor’s guardian


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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