Contract Act_Practical Problems_25

A, a minor and an undergraduate student of a university, buys on credit from B, a clothier, seven suit lengths for his own use. Is B entitled to any payment in respect of the goods ?

A contract with a minor is void ab-initio. Minor being incompetent of contracting as per Section 11 of the Indian Contract Act.

However, Section 68 recognises by way of quasi contractual obligation, contracts for the supply of necessaries of life to a minor or any of his dependants as validly enforceable against minor's properties, if any. Coats may be considered as necessity of life for a student coming from a reasonably good family. But it is doubtful, if seven coats at one time shall be considered as a necessity for a student even coming from a rich family. Thus, even the properties of the minor may not be held liable.