Q. Minors Agreement:
According to Sec-3 of Indian majority Act 1875, a minor is one who has not completed
has 18 years of age, but in cases where a guardian of the minors person or property is
appointed or where the minors property is taken over by the court of words, the majority
continues up to the completion of his 21 years of age. A minor is not competent to
contract:
1. Minors contract is absolutely Void: A minor’s agreement being absolutely void,
neither he nor the other party acquits any right or incurs any liability under the
agreement. A minor is incapable of giving a promise imposing a legal obligation
upon himself.
2. Rectification of minor’s contract: Since a minors contract is void, there can be
no question of rectifying it as the consideration given during the minority is to be
no consideration at all.
3. Persons of unsound mind: Sec 12: A lunatic of a person of unsound mind cannot
enter into a valid contract. He is incompetent to contract. Unsoundness of mind
i.e. insanity or lunacy, idiocy, drunkenness, mental unsound mind, are absolutely
void.
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