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A minor personally enters an agreement that purports to impose contractual obligations on the minor.…

Sections 10 and 11 require contracting parties to be competent. A minor cannot personally assume an enforceable contractual obligation. The agreement is void from the outset…

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A minor personally enters an agreement that purports to impose contractual obligations on the minor. What is the effect of contractual incapacity under the Indian Contract Act, 1872?

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Answer and explanation

Correct answer B

Sections 10 and 11 require contracting parties to be competent. A minor cannot personally assume an enforceable contractual obligation. The agreement is void from the outset rather than merely voidable.

Option feedback

Option A

Section 11 does not confer contractual capacity on a minor.

Option B

An agreement purporting to bind a minor personally as a contracting party is void from the outset.

Option C

A power to avoid an otherwise enforceable agreement is different from incapacity to contract.

Option D

Neither party has an election that makes the minor’s purported personal obligation enforceable.

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