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.
Answers
Answer:
no moneylender does not have any right of action against the minor
Explanation:
Doctrine of Estoppels against a Minor
There is no estoppel against the minor. It means when a minor fraudulently enters into a contract, representing that he is a major, but in reality he is not, then later on he/she can plead his/her minority as a defence and cannot be stopped /prevented from doing so
In case of Nawab Sadiq Ali Khan v. Jai Kishori
it was held by Privy Council that if a minor makes a contract by fraudulently expressing his age more than actual then he cannot be stopped as per the rules of estoppels that he was minor at the time of contract.
Section 11 of Indian contract Act 1872 read as, “That every person is competent to contract who is of the age of majority according to law to which is subject and who is sound mind and not disqualified from contracting by any law to which he is subject.” The following persons are competent to contract namely
i) Who is major;
ii) Who is of sound mind.
It is obvious that minors and unsound mind person cannot make a contract. A Major person means a person who has attained the age of 18 years. The age of majority has been decided by Indian Majority Act 1875. In case of guardian appointed by the court, the age shall be 21 years
No, The money lender has no right of action against the minor.
Explanation:
A minor should not enter any contract or agreement before attaining age of 18 and is such agreements are considered void.
In the above case a minor borrowed rupees 10000 from a money lender by falsely representing himself as a major but in actual he is not a minor. So the contract made by the minor with the money lender is void and the money lender cannot take any actions against the minor. The money lender cannot do anything in this case.
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a minor fraudulently represented to a moneylender that he was of full age and obtained a loan of rs 10000 has the moneylender any right of action against the minor explain
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