Minor agreement Case Study

CASE STUDY : 12

A minor fraudulently represent to a money lender that he was the full
age and obtain the loan of Rs. 5,000. Has the money lender any right of
action against the minor for the money lent of for damages for
fraudulent miss-representation?
Ans :
The given case is under the chapter of minor’s agreement. In India according to
Minor’s agreement, agreement with the minor is void from the begging because a
minor has no capacity to contract. The court says minor is not supoosed to have
mature judgement.

In this set case A minor fraudulently represent to a money lender that he was the full
age and obtain the loan of Rs. 5,000.
Case : Mohori Bibi V/S Dharmodas Ghose
A minor executed an agreement for Rs.20,000 and received Rs.8,000 as earnest
money from the mortgagee, he sued for setting aside the mortgage. The mortgagee
wanted to refund of Rs.8, 000 which he already paid.
Judgement :
As mentioned above here A is a minor who is according to the section.3 of the Indian
Majority Act, 1875 is the person who has not completed the age of 18years. Indian
Majority Act as says that agreement with minor is a void agreement and it also says
minority as a defence. Indian law is defensive to the minor because law feels minor
can’t take the rational decision therefore any false representation by minor is
defensive.
Therefore here money lender cannot sue minor

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