Monday, October 08, 2007

Contract Act_Practical Problems_17

A is a minor aged seventeen years, who broke his right leg in a football match. He engaged B, a doctor, to set it. Does the doctor have a valid claim for his services? Give reasons.

Under Section 68, minor's properties, if any, can be held liable for necessaries supplied or necessary service rendered to a minor or to any of his dependents. Medical service of the nature under reference can well be considered as necessary and, therefore, the doctor shall have claim only against the properties of the minor, if any i.e., he can sue for attachment of minor's properties. Money cannot be recovered from the minor personally.

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