A person below the age of majority personally promises to repay a loan under an agreement made in their…
Sections 10 and 11 require competent contracting parties. A minor lacks capacity to make the personally binding repayment agreement in the question, so it is void from the…
Choose your answer
A person below the age of majority personally promises to repay a loan under an agreement made in their own name. What is the status of that agreement under the Indian Contract Act, 1872?
Answer and explanation
Correct answer B
Sections 10 and 11 require competent contracting parties. A minor lacks capacity to make the personally binding repayment agreement in the question, so it is void from the outset.
Option feedback
Option A
Sections 10 and 11 prevent this personally binding agreement from being valid.
Option B
The minor's lack of contractual capacity makes the agreement void from the outset.
Option C
The lender does not get an election to enforce this agreement.
Option D
The agreement is void without any election by the minor.
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