Question

9. Rahul, a minor, falsely representing his age, enters into an agreement with a shopkeeper for a loan amount apurchasing a laptop. He gave his experige watch as a writy and took a loan of 40000, He was veryhappy to get Rs. 40,000 and quickly went to the market and purchased a laptop worth Rs 30,000 He happilyspent the rest of the amount with pleasure trip.Later on, Rahul realized thats watch was an expensive watch and he should not have given like this to theshopkeeper. So, he went back to the shopkeeper and asked for his watch back Also he refused to reps theloan amount. The shopkeeper disagrees to this and files a case against minor for recovery of the loan .Can the shopkeeper succeed in recogning the loan amount under the indian Contract Act, 1872​

Answer 1

Answer:

No,shopkeeper wouldn't succeed

Explanation:

Minor entering into a agreement is void abnitio(void at the beginning itself)

Answer 2

No, the shopkeeper cannot succeed in recognizing the loan amount under the Indian Contract Act, 1872.

The contract will be voidable contract due to the following reasons:

• In India, an agreement or contract with a minor (a person who has not legally reached the age of 18) is void ab-initio (void from the beginning).
• before allowing him a loan the shopkeeper should have verified his age, whether he is a minor or an adult.
• A contract is voidable when one or both parties are legally not capable of entering into an agreement—for example when one party is a minor.

therefore, the shopkeeper cannot succeed in recognizing the loan amount under the Indian Contract Act, 1872.

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