MINORITY

POSITION OF CONTRACT WITH A MINOR A contract with minor is voidab intio. Requires that the parties must be competent to contract (sec 10) Declares the following persons to be incompetent (sec 11) a) Minor b) Persons of unsound mind c) Persons disqualified by law to which they are subject. PURPOSE OF SEC 11 Law protects the minor against his own inexperience thus it is construed that in a minors case Judges are his counsellor, jury is his servant and law his guardian. Age of Majority is generally 18 under P.M.A, 1875 (sec 3) but where a guardian is appointed the age of majority becomes 21. a) Father (natural guardian) b) Mother (Appointment by the court) c) Any other person appointed by court, under Guardian and wards Act 1820.

CAN A MINOR BE BENEFICIARY Law does not regard a minor as incapable of accepting benefits. Case Commissioner of Income Tax Lhr v/s M/s Ramzan and others. Sh. Feroze Din Allah Rakha, M

Admission of minor as a partner in partnership firm. Inclusion of a minor as partner in partnership constituted by adult partner.

Held:Does not invalidate partnership minor in such case to be treated to have been admitted to benefit of partnership. Case: Mohori Bibi v/s Dharmodas Ghose. The plaintiff a minor mortgaged his house in favour of the defendant, a money lender, to secure a loan of Rs. 20,000. A part of this amount was actually advanced to him while considering the proposed advance, the attorney who was acting for the money lender received information that the plaintiff was still a minor. Subsequently the infant commenced this action stating that he was under age when he executed the mortgaged and the same should be cancelled.

Held: cancellation was granted Principle of Mohori BiBi Case If the contract is alone with the minor the contract is void. DOCTRINE OF RESTITUTION If an infant obtains property or goods by misrepresenting his age, he can be compelled to restore it, but only as long as the same is traceable in his possession. Case: Gul vs Lakha Singh. Defendant a minor by fraudulently concealing his age contracted to sell a plot for Rs. 17,500- received his part of consideration and refused to perform his part of the bargain. The plaintiff prayed for recovery of possession or refund of consideration. Held: An infant cannot be allowed by a court of equity to take advantage of his own fraud Accordingly, the learned Chief Justice ordered refund of the consideration.

UNSOUND MIND (SEC 11 AND 12)

DEFINITION Non legal term referring to one who from infirmity of mind is incapable of managing himself or his affairs. The term therefore includes insane person (Blacks Law Dictionary) EFFECT VOID Contract with a person who at time of contract was of unsound mind is void. Proof that person suffering from delusion by itself is not sufficient to set aside the contract. It has to be established that the delusion influenced the contract.

CASE INDER SINGH, Property worth 25,000 was agreed to be sold by an idiot person for Rs. 7,000 only. The mother proved that her son was a congenital idiot. The sale was held to be void. JUDGEMENT Justice Sinha Said : A person may to all appearances behave in normal fashion, but at the same time, he may be incapable of forming a judgement of his own as to whether the act he is about to do is to his interest or not. English Law: 1. If a person is certified by two medical practitioners as being incapable of dealing with his property, then the court will have to control over his property and will delegate the day to day management of it, often to relative who will then be accountable to the court: Part VII Mental Health Act 1983. The person certified cannot then dispose of any of his property. 2. If there has been no certification, the contract may be set aside. If the other party knew of the disorder. If the disordered person did not understand the transaction by reason of his disorder The contract may be ratified by the disordered person once the disorder has ceased temporarily or permanently. DRUNKARDS English law: contract of a person who at the time of contract was drunk is voidable only not void. Pakistani Law: Contract is absolutely void and in capable of ratification.

Sec12 to be read with sec 68 Person in capable of entering into contract are if supplied with necessaries suited to their condition in life, the person who has furnished such supplies is entitled to reimbursement. There is no crystal clear definition of necessaries but according to ALDERSON, B in the case of Chappel v/s Cooper. Things necessary includes food, raminent, lodging and alike.