contract

pranshul (Querist) 22 May 2011 This query is : Resolved
a contract done by a minor is void but a5 years child can purchage toffy from shop....how???

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Guest (Expert) 22 May 2011
MOHORIBIBI VS DHARMA DAS GHOSH is a famous case in contract relating to minor.
IF THE MINOR WANT TO CONTINUE HE CAN. BUT HE CANNOT BE COMPELLED TO ABIDE BY THE TERMS OF CONTRACT.

Devajyoti Barman (Expert) 22 May 2011
This is because the child can not be a promisor but a promisee or beneficiary of an agreement.

M/s. Y-not legal services (Expert) 22 May 2011
An agreement which is enforceable by law between two PEOPLES its called contract. Here peoples mean two legal persons. Minors can't be treated as a legal persons to entered in to an agreement or contract. Law can't bind them.

M/s. Y-not legal services (Expert) 22 May 2011
A 5 year old baby purchased a one rupee chocolate mean, you getting one rupee, also giving a chocolate.. Consideration accepted, now BOTH YOU ARE SATISFIED. But here no agreement. Here no one bother about that you sold the chocolate to whom, whether to a minor or major? But you got your money. Here no agreement between yours. But contract mean, a valid agreement will convert as a contract. Without an agreement or contract will you ready to purchase anything from a minor? If he ready also? Never. So this is the reason. Here law not only caring on minor. Also taking care on who is entering contract with minor. I think you may cleared now?

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