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Contract with Minor - Void or Voidable or Illegal?

Law Assumes that minor needs to be protected as a consequence it makes provisions to protect their interest. The Indian contract act is no different.

Indian Contract Act, Section 10 Provides that “all agreements are contracts if they are made by the free consent of the parties competent to contract’

Thus, it requires that the parties must be competent to contract competency to contract is defined in Section 11. It declares that “every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject”.

Thus following person are incompetent to contract.

(1) Minors

(2) Persons of unsound mind

(3) Persons disqualified by any law to which they are subject.

Minor’s Agreement

According to Section 3 of the Indian Majority Act, 1875, a minor is a person

who has not completed 18 years of his age, except