Rules Regarding Minor’s Agreement
1. Definition of Minor
A minor is a person who has not attained the age of majority, i.e., under 18 years in most Indian states.
Section 3 of the Indian Majority Act, 1875 defines the age of majority as 18 years.
2. General Rule
Agreements with minors are void ab initio (void from the beginning).
Section 10 of the Indian Contract Act: For a valid contract, parties must be competent to contract.
Section 11: A person is competent if they are major, of sound mind, and not disqualified by law.
Since a minor is not competent, any contract entered into by a minor is void and cannot be enforced by law.
3. Rules Regarding Minor’s Agreements
| Rule | Explanation | Example / Case Law |
|---|---|---|
| 1. Minor’s agreement is void | A minor cannot enter into a legally enforceable contract. | Mohori Bibee v Dharmodas Ghose (1903) – The contract of a minor to sell property was declared void. |
| 2. Cannot be ratified on attaining majority | A contract entered into by a minor cannot be ratified after turning 18. | – |
| 3. Exceptions for necessities | Minors can be bound by contracts for necessities (things essential for living). | Section 68 of Indian Contract Act – Payment for necessaries supplied to a minor. Example: food, clothing, education. |
| 4. Minor’s promise to a major is void | If a minor promises to do something for a major, it’s not enforceable. | – |
| 5. Minor can benefit from contract | Contracts for the benefit of the minor may be valid if made by guardian. | Example: A guardian purchasing insurance for a minor’s benefit. |
| 6. Agreements against law or immoral acts | Minor’s agreements against public policy or law are void. | – |
| 7. Minor cannot be held liable for breach | Since the contract is void, the minor cannot be sued for non-performance. | – |
4. Key Case Laws
Mohori Bibee v Dharmodas Ghose (1903) – Sale of immovable property by a minor is void.
Nash v Inman (1908) – A minor can be sued for necessaries supplied but not for luxury items.
Clements v London & County Banking Co. (1920) – A minor’s agreement is void and unenforceable.
5. Summary
Minor = not competent to contract → contract is void.
Exceptions: Necessaries for livelihood, contracts made for minor’s benefit by guardian.
Key Principle: A minor cannot be legally bound, but may sometimes receive benefits from contracts.
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