Question 2 (a) part iii
Minor's loan obtained by fraud
3 marks
- Time to write
- About 6 minutes
From an older CBCS paper
Question
Question 2 (a) part iii · 3 marks- S, a minor, represented fraudulently to L that he was a person of full age, and obtained from L a loan of ₹1,20,000. Later he refused to pay it back. For the money that was lent, is L entitled to take any action against S. Advise L about his rights.
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
- AdviseA case problem: state the rule and its section, apply it to these facts, then answer in one line.
What the paper leaves open
The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. The mark for this part is not legible on the copy; it is reckoned here at 9 marks, the paper's own split for its other questions. Marked as one question of 9 marks; answered here in 3 parts of 3 marks each (marks inferred).
Write it in this order
- 1 (iii) The minor's loan 3 marks 6 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.
(iii) The minor's loan. A minor's agreement is void ab initio; a minor may always plead minority, even where he obtained a loan by falsely representing himself to be of full age; and he is not liable for money he has already spent, even if received by fraud, though if he still has it he may be asked to restore it. S's loan of ₹1,20,000 is void and L cannot recover it as a debt; L may only ask the court to order S to restore so much of the money as is still with him.
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.
Where the 3 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | (iii) The minor's loan | 3 |
| Total | 3 |
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