The Contract Act, 1872.(BJS Exam Preparation Series)( Problem Solving)
Legal Principle: A minor is not
competent to enter into a contract and the law will assume that the contract
never happened and everything will be restored to its original position.
Facts of the Problem: A minor girl fraudulently
misrepresenting her age entered into a contract with other for the purchase of
an expensive car. After the car had been delivered, she refused to pay price
for it and argued the non-existence of a legally binding contract. Give legal
decision.
Legal Decision: The contract is void ‘ab-initio’ and the court can direct the
minor to restore the car to the other party. Because “A
minor is not competent to enter into a contract and the law will assume that
the contract never happened and everything will be restored to its original
position”.
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