A minor fraudently represented to a moneylender that he was of full age and obtained a loan of Rs.10,000. Has the moneylender any right of action against the minor. Explain.
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A minor fraudulently represented to a moneylender that he was of full age and obtained a loan of Rs.10,000. Has the moneylender any right of action against the minor. Explain.
Explanation:
The money lender has no right of action against the minor. The money lender should have ascertained the minor's age before lending the minor money.The minor is not liable in this case.The contract with the money lender is void.
The money lender can thus not sue the minor for fraud even if the minor misrepresented his age. If the money lender is allowed to sue the minor, it would be giving the money lender a right to enforce a void contract.
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