Contracts in India are administered by Indian Contract Act, 1872.
Minor is one who is below the age of 18 and doesn’t hold
competency to contract U/S 11 of ICA. In the case of court-
appointed guardian or their property is under the supervision of a
Court of Wards the age will be 21 years. An agreement formed by
a minor is considered to be obligatory on the other party and
minors are not held liable. No person is competent to contract who
is not of the age of majority according to the law to which he his
subject. Earlier, the word infancy was used in place of minor.
According to Collins Dictionary Infancy is the period when
someone is very young child. An infant is unable to understand
contractual obligation but later it observed that infant and minor
are two very different stages of life for example an infant doesn’t
understand about parties, contract, agreement and consideration
but on the other hand for example a minor of 16-17 years can
deceit or wrongfully represent his/her age to came into a contract
of its benefit so there are some provision or laws which regulate
the competency of a minor to contract i.e. the agreement with a
minor will be void ab initio.
WHO ARE COMPETENT TO CONTRACT:SEC. 11 OF INDIAN CONTRACT ACT DEFINES COMPETENCY TO CONTRACT IN A WELL MANNER:
According to this section, a person who is of the age of majority as per law defines, and who is of sound mind, and not disqualified from contract by any law or statute.Hence, acc to this section following person are incompetent to contract:-(1) Minors,(2) Person of unsound mind,(3) Person disqualified by law to which they are subject.
WHAT IS A CONTRACT?
According to Indian Contract Act 1872, An agreement enforceable by law is a contract i.e. sec 2(h). whereas an Agreement, which is define U/S 2(e) of the same act, every promise or every set of promise, forming consideration for each other is an agreement. Soto established a contractual relationship there should be agreement between two parties i.e. promisor and promise, proposer and acceptor, offerer and of free. Furthermore there arise a need to understand consideration and two parties which are involve in a contract or are bind by the contractual liability. As per sec 2(d),when, at the desire of the promises, the promisse or any other person has done or abstain from doing something, such act or abstinence or promise is called a consideration. There are several definition for consideration, Pollock,”Consideration is the price for which the promise of the other is bought, and the promise thus given for value enforceable”. Blackstone, “Consideration is there compense given by the party contracting to other”. Justice Patterson, “Consideration means something which is of some value in the eyes of the law… it may be some benefit to plaintiff or some detriment to the defendant”. Promise on the other hand is the person who makes the proposal and promisee is the person who accept that proposal. And the promisor or acceptor should be of those, described in section 10 of ICA, 1872.
AGE OF MAJORIY-
The Indian Majority Act, 1875, governs the age of majority in India. Section 3 states that a person domiciled in India is considered an adult when they turn eighteen, and not before.However, if a minor has a court-appointed guardian or their property is under the supervision of a Court of Wards before turning eighteen, they are considered adults when they reach twenty-one. Section 2 clarifies that the Act does not affect a person’s capacity to act in matters such as marriage, dowry,divorce, and adoption. Discharging a guardian under Section 48 of the Guardians and Wards Act, 1890, does not end the minor’s status if obtained through fraud.Earlier in England the age of majority was 21 years, but now under family law reform act, 1969 it is 18 years. Formerly a minor was referred to as an “infant”, but this act changed the term to“minor”.
