Right to enter into contracts with a minor. The position of agreements with or by minors can be summed up as follows: it implies that when a person obtains goods or goods through a misrepresentation, he may be forced to recover it from the person from whom he received them. This doctrine also applies to minors. But the miner may be forced to restore the property or the goods as long as the same thing can be traced back into his possession. All agreements with a minor are totally unst soured. Therefore, a minor cannot be declared insolvent. 1. An agreement with or with minors is cancelled – An agreement with a minor is cancelled from the initio. In the case of Mohori Bibi v. Dharmo the ghose, the miner borrowed money from Mohori by making a mortgage of his property for the benefit of mohori. Subsequently, dharmo filed a complaint for the cancellation of the mortgage.
The Secret Council found that Sections 10 and 11 of the Indian Contracts Act would nullify the minor`s agreement and that, therefore, the mortgage was not valid. Mohori prayed for the money to be refunded. It was decided that the money that was advanced to the miners could not be recovered because the agreement of the miners was null and private. Any agreement that brings a certain advantage to the minor and to which he is not bound is valid. An agreement reached by a minor cannot be confirmed by him on obtaining a majority. The reason is that the agreement on minors was concluded from the beginning and is therefore not valid by ratification. A contract entered into on his behalf by his parent/guardian or the administrator of his estate may be explicitly invoked by or against minors, provided that the contract is the law on contracts with minors. The position of the agreements concluded with or in a minor way can be summarized as follows: the (minority) consideration granted under the previous agreement cannot be considered either as a means of taking into account the new agreement (during the majority) or in the case of Nazir Ahmed v. Jiwandas. A minor cannot be declared in default. That`s because all agreements with a minor are totally undecided. Moreover, the minor is not personally responsible for the debts incurred during the period of his minority.
2. No Estoppel against a minor – Estoppel against a minor cannot be, if a minor has entered into a contract because of a misrepresentation of his age, it cannot be signed.