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Contract For The Benefit Of Minors


It was decided in a judicial case that a minor can be a beneficiary or a promise. In other words, if a contract is beneficial to a minor, it can be enforced by him. Thus, a minor is capable of purchasing immovable property. If the seller refuses to hand over the property to the minor, then he may sue to recover the possession of the property after making the payment.

Similarly, the minor can be the payee of a cheque or any other negotiable instrument and claim payment thereon. Also, where the minor sells goods to another major person, he shall be entitled to recover its price.


Contract for supply of necessaries

A contract for supply of necessaries to a minor or to those who are dependent on him can be enforced against him. thus, the supplier of necessaries can claim reimbursement from the property of minor, but not personally from the minor. Necessaries are “Goods suitable to the condition in life of such minor or other person, and to his actual requirement at the time of sale and delivery.” Necessary goods need not belong to a class of useful goods but must satisfy the following conditions:
  • They must be suitable to the position and financial status of the minor.
  • They must be necessaries both at the time of contract and at the time of delivery.

It is to kept in mind that supplier of necessaries will have to prove that minor actually needed those goods and those were suitable to him.

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