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 marks

A, 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

6 minfor 3 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

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  1. 1 Minor's agreement void; no ratification 1 mark 2 min
  2. 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

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Provisions.

  1. 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.
  2. 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.

Picture itPromissory note given by a minor, renewed on majority

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

#ComponentMarks
1Minor's agreement void; no ratification1
2Application and conclusion2
Total3
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