Wednesday, October 10, 2007

Contract Act_Practical Problems_37

A, a minor, borrows Rs. 10,000 and executes a pronote for the amount in favour of B. After attaining the majority, A executes another pronote in settlement of the first pronote. Will B succeed in recovering money from A? Give reasons in support of your answer.

No-B will not succeed in recovering money from A. Although Section 2(d) recognises the concept of past consideration, but it must be something to which law attaches a value. A contract with a minor is void ab initio. The consideration for the second pronote is a void agreement and hence of no value. Besides, ratification by a minor of a contract, on attaining majority is not allowed.

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