Question Details

The Contract Act 1872 deals with contract law in India, its rights, duties, and exceptions arising out of it. Section 2(h) of the Act gives us the definition of a contract, which is simply an agreement enforceable by law. To understand the difference between void agreements and voidable contracts it is important to talk about sections 2(h), 2(a), 2(1), 2(d), 14, 16 (3) and 15,24-28 of the Indian Contact Act. Void agreements are fundamentally invalid, making them unenforceable by default. These agreements cannot be fulfilled as they consist of illegal elements, and they cannot be enforced even after subjecting it to both parties. However, in the case of a voidable contract, the agreement is initially enforceable, but it is later on denied at the option of either of the parties due to various reasons.


Unless rejected by a party, this contract will remain valid and enforceable. The party who is at the disadvantage due to any circumstance applicable to the contract has the ability to render the agreement void. A void agreement is void ab initio, making it impossible to rectify any defects in it, while voidable contracts can be rectified. In the case of a void agreement, neither of the parties is subject to any compensation for any losses, but voidable contracts have some remedies. A valid agreement forms a contract that may again be either valid or voidable. The primary difference between a void agreement and voidable contract is that a void agreement cannot be converted into a contract.


An agreement made by an adult but involving a minor child where the signatory is a minor child himself, this agreement would be:

Options

A

A valid and enforceable agreement

B

A voidable agreement

C

A void agreement

D

An agreement that cannot be enforced by the minor

Show Answer

Correct Answer :

Option C

A void agreement

Solution :

The correct answer is: A void agreement


Step-by-Step Explanation:


1. Understanding Minor's Agreement in Law:
Under Section 11 of the Indian Contract Act, 1872, a person who has not attained the age of majority (a minor) is incompetent to contract. According to the landmark ruling in Mohori Bibee v. Dharmodas Ghose (1903), any agreement entered into by a minor is void ab initio (void from the beginning).


2. Analyzing the Given Case:
The question describes a situation where an agreement involves a minor child who is himself the signatory. Because the minor lacks legal capacity to enter into a binding contract, the agreement holds no legal validity right from its inception.


3. Passage Context and Conclusion:
As stated in the passage, a void agreement is fundamentally invalid and unenforceable by default. It cannot be converted into a valid contract nor rectified later. Therefore, an agreement signed by a minor child is a void agreement.

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