Minor’s Contract? a Critical Analysis of the Indian Contract Act, 1872

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MINOR’S CONTRACT? A CRITICAL ANALYSIS of the Indian Contract Act, 1872

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SUBMITTED BY

Zoldrex2

2011

INDEX

|S. No. |Particulars |Pg No. | |1 |Abstract |ii | |2 |Index of Authorities |iii | |3 |List of Abbreviations |vi | |4 |Introduction |1 | |5 |Chapter I – Minor’s Agreements |2 | |6 |Chapter II – Minor’s Liablities |8 | |7 |Chapter III – Guardianship of Minors |16 | |8 |Conclusion |19 | |9 |Suggestions. |20 | |10 |References |21 | |11 |Appendix |22 |

ABSTRACT

This project gives a detailed insight into the nature of a minor’s agreement. It explains various concepts and analyses the conditions when the law imposes a liability on a minor for the specific performance of a contract. With the help of many case laws and important and leading decisions, this project attempts to throw light on complicated concepts. It also lays down the issues related to the guardianship of minors. Contracts for marriage of minors have also been discussed. The liability of a minor in case of supply of necessaries has been highlighted. Relevant sections of acts such as the Hindu Minority and Guardianship Act 1856, The Specific Relief Act 1877 and The Specific Relief Act 1963, Transfer of Property Act, Guardians and Wards Act 1890, The Indian Evidence Act 1872, etc. have been discussed for impeccable clarity and coherence. Realising the need for a comparative study, both English and Indian laws have been used to explain different concepts. The important case of Mohori Bibee v Dharmodas Ghose has been critically analysed along with its criticisms and recommendations.

KEY WORDS: Minor, Contract, Liabilities, Guardian, Necessaries, Agreement

INDEX OF AUTHORITIES

I BOOKS

• POLLOCK AND MULLA

• CHITTY ON CONTRACTS.

• MULLA’S HINDU LAW.

II LIST OF CASES

• Abdul Ghaffar v Firm Piare Lal Salig Ram AIR 1934 Lah 480

• AT Raghava Chariar v Srinivasa AIR 1917 Mad 630.

• Babu Ram v Said-un-Nissa (1913) ILR 35 All 499

• Ballet v Mingay [1943] 1 All ER 143 (CA).

• Bankay Behari Prasad v Mahendra Prasad, AIR 1940 Pat 324;

• Bhola Ram Harbans Lal v Bhagat Ram AIR 1927 Lah 24.

• Bibi Jai Kishori v Ali Ahmed Khan AIR 1925 Oudh 487;

• Burnard v Haggis (1863) 14 CBNS 45

• Chiranji Lal v Khatoon Bi AIR 1995 MP 238.

• Clements v London & North Eastern Railway(1894) 2 QB 482.

• Collector of Meerut v Lala Hardayal Singh AIR 1945 All 156.

• Daniel v Mariamma AIR 1951 Mad 466.

• De Farncesco v...
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