Question 1 OR (b)
Promissory note given by a minor, renewed on majority
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 1 OR (b) · 3 marksA, a minor, borrowed money from B and, in favour of B, executed a promissory note. On attaining majority, A renewed the promissory note. B sues A on the basis of the second promissory note. Will B succeed in recovering the money from A? Give reasons.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- Give reasonsA case problem: state the rule and its section, apply it to these facts, then answer in one line (yes or no, and why).
Write it in this order
A step that gives the answer away stays hidden: tap it to see it.
- 1 Minor's agreement void; no ratification 1 mark 2 min
- 2 Application and conclusion 2 marks 4 min
Try it first. About 6 minutes for 3 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
- A minor's agreement is void ab initio, and a minor cannot ratify, on attaining majority, an agreement made during minority; a fresh promise given on majority in place of one made as a minor is void for want of consideration.
- Consideration may be past, but only where it moved at the promisor's desire, and it must be something the law recognises; the general rule remains "no consideration, no contract".
Application. A borrowed the money and executed the first promissory note while a minor, so that note was void. The note he renewed on attaining majority is an attempt to ratify the void transaction: its only consideration is the money advanced to him during minority under a void agreement, which is no consideration in law.
1Sixteen-year-old Dev, school bag still on, signs for a new cycle on credit.
Section 11A person who has not attained the age of majority (18 years) is not competent to contract.
2In court, the seller throws up his hands: the law never counted Dev's signature.
Agreement is voidThe minor cannot be made to repay as on a contract.
3Dev had claimed to be older—so the judge makes him return the cycle he still holds, and nothing more.
RestitutionWhere a minor obtains property or money by falsely representing himself to be a major, the court may, on equitable grounds, order him to restore what he still holds; he is not liable for any amount he has already spent.
Conclusion. B will not succeed in recovering the money from A on the second promissory note.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Minor's agreement void; no ratification | 1 |
| 2 | Application and conclusion | 2 |
| Total | 3 |
Report a problemopens an email to admin@getkunji.com with the question ID1862-Q1bORalready filled in.