Srajan, a minor fraudulently overstates his age and takes delivery of a motor car after executing a promissory note in favour of the trader for its price. Give your suggestion to trader for remedy in this situation.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2022
Srajan, a minor fraudulently overstates his age and takes delivery of a motor car after executing a promissory note in favour of the trader for its price. Give your suggestion to trader for remedy in this situation.
Answer & Explanation:
According to the Indian Contract Act no person is competent to enter into a contract who is not of the age of majority, It was finally laid down by the Privy Council in the leading case of Mohori Bibi v/s Dharmodas Ghose, (1903) 30 Cal, 539, that a minor has no capacity to contract and minor's contract Is absolutely void. In this case Srajan cannot be compelled to pay the amount to promissory note, but the Court on equitable grounds may order to Mr. Srajan to return the car to the trader, if it is still with the minor. Mr. Srajan.
Topics: Indian Contract Act, 1872
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