contract law 1 notes, Lecture notes of Contract Law

consideration free consent agreement

Typology: Lecture notes

2019/2020

Uploaded on 02/02/2023

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NATURE AND EFFECTS OF MINOR'S AGREEMENT 1. An agreement with or by a minor is void ab initio. 2. Restitution of benefit is normally not allowed i.e If a minor has received any benefit under a void contract, he cannot be asked to refund the same. 3. Restoration of property or money (a) Where the minor receives some money or property by falsely representing his age, the court may direct the minor, on equitable grounds, to restore the money or property to the other party so long as the same is traceable in his possession. (b) It is to be Kept in mind that identity of money lost or consumed can't be recovered whereas identity of money changed can be recovered. PaCS) Question A appoints M, a Minor, as his agent to sell his watch for cash at a price not less than 700. M sells it to D for 350. Is the sale valid? Explain the legal position of M and D, under the Contract Act, 1872. M10 (PE Il)