MINOR CONTRACT: SHOULD IT BE LEGALIZED?

AUTHOR – RISHI RAJ NANKANI, STUDENT AT NEW LAW COLLEGE, PUNE

Best Citation – RISHI RAJ NANKANI, MINOR CONTRACT: SHOULD IT BE LEGALIZED?, JOURNAL OF RESEARCH ETHICS (JRE), 1 (1) of 2023, Pg. 7-10, APIS – 3920 – 0019 | ISBN – 978-81-961097-1-4.

Abstract

In India contract formed by minors is considered invalid from the beginning as it is a necessary condition for formation of a valid contract that the person entering into a contract should be a major. Thus from time to time contract made by minors has been declared as void by the judiciary in India through various decisions. Therefore, it has become necessary for the parties entering into the contract that they should check that whether the other party is competent to enter into the contract or not. But there have been a number of instances in which a minor person has posed as a major and have made the other party believe that he or she can enter into a contract and thus at the end causing loss to the other party as a minor cannot be held liable for a breach of contract. Thus creating a need for changes to be done in the existing contract laws so that any more of such cases or instances can be prevented from happening. This article is aimed understanding the meaning of a contract and competency to contract. It is also aimed explaining the provisions of contract law which determine whether a contract is void or not and the position of Minor Contract in India and in other countries.

Keywords – Minor, Contract, Competency, Capacity, Void, Legal, Enforceable