Minor contract

This query is : Resolved

Haritha (Querist)
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19 July 2016 Hi all,
An Infant went to sweets shop and purchased a sweet and ate it.Now the Parent of the kid file a case against the shopkeeper for selling the sweet to the kid for having contract with minor.
Is it Valid to file against minor? If not on what Rule?

Amol S Joglekar

Amol S Joglekar (Expert)
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19 July 2016 Interesting case????
Lot of facts need to be examined before giving a SURE judgemental opinion.
01. Sale of goods is special type of contract...(In olden days, sale of goods act was the part of Contract act) For movable goods, sale of goods act was designed.
02. The purchaser is in the shoes of PROPOSER and the shopkeeper is in the shoes of ACCEPTOR
The duties and responsibilities of proposer are always MORE than that of acceptor and so also the punishment for breach, if any.
03. Contract with minor are NOT necessarily VOID ab initio. They are VOIDABLE at the option of minor
The rule followed is very simple......minor should not take the UNDUE advantage of his/her minority at the same time the majors should not take UNDUE advantage of minority

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