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The Pros And Cons Of Minors In Indian Law

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1. Introduction: "A contract is an agreement creating and defining obligations between the parties". -Salmond Contractual relationship or legally enforceable promises is a symbol of a civilised society, governed by rule of Law. Contractual relationship/agreements help in protecting the interests of both parties i.e. promisor and promisee while dealing with each other and it is important to make both parties liable for fulfilling the promises, creating an environment of trust and confidence. But all promises are not contract, as some are not enforceable by law. Liability for a contract exists with the capacity/competence to contract and some people, because of age or unsound mind, are not competent enough to understand the full implications and of forming a rational judgment as to its effect upon his interest. Therefore, some distinctions are made in the Indian Contract Act, 1872 and various other laws, at times …show more content…

Minors are an asset to the growth of the nation. They form a considerable size of the Indian population (approx. 46-47crore of the Indian population, as per 2011 census). In traditional Indian setup (with few exceptions), engagement of minors in contracts was mainly a social malpractice where minors were forced to pay the debt of poor father through their labour, often continuing for generations. But in modern day economic setup, minors are becoming entrepreneurs, getting skilled and employed, taking loans for education and so on leading them to be a promisor or promisee in a contract. Indian laws have also evolved with time to protect the benefits of minor while creating a balance with ‘Doctrine of Equitable Restitution,’ through liabilities for necessaries. 2. Defining Minor and the competence of a minor to enter into a contract: Every agreement, to become a contract, needs to fulfil certain requirements. Some of the important requirements defined by Indian Contract Act, 1872 (section 10)

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