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 Nature And Effects Of Minor’s Agreement


An agreements with or a minor is void ab inito.

If a minor has received any benefit under a void agreement, he cannot be asked to refund the same.

Fraudulent representation by a minor: An agreement entered by a minor by fraudulently representing his age remains void.

Restoration of property or money: 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. It is to be kept in mind that identity of money lost or consumed cannot be recovered whereas identity of money changed can be recovered.

No estoppel against minor: When a minor fraudulently entries into a contract, representing  that he is a major, but in reality he is not, then later on he can plead his minority as a defense and cannot be stopped from doing so.

No ratification on attaining majority. A major, cannot ratify an agreement, on attaining majority which he had entered into during minority.

The minor cannot be sued either in contract of tort or deceit. But if any wrongful act is done by the minor independent of contract he would be liable for damages.

A minor cannot be partner in the partnership firm: However, a minor may, with the consent of all the partners, be admitted to the benefits of an existing partnership.

Minor’s partners/guardians are not liable to a minor’s creditor for the breach of contract by the minor: However, the partners/guardians are liable where the minor is acting as an agent of the partners or the guardians. But if the partners want to pay on moral grounds they can do so.

Minor cannot be adjudged insolvent. Minor can act as an agent and bind his principle by his acts without incurring any personal liability.


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