Minor contract
This query is : Resolved
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?
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?
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
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
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Depreciation of fixed assets- coop housing society in mumbai
- TDS on Consultancy- Non DTAA
- Condonation . E-Verification of last year return .
- Reopen of assessment proceeding
- DIN reactivation
- Query – TDS on purchase of land from NRI under Income-tax Act, 2025
- Eway bill generation from place other than registeted
- GST rate and HSN code for sale of racing horses
- TDS Return Q1 FY 2026-27
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- STATUTORY AUDIT OF A SMALL PRIVATE COMPANY INCORPORATED ON 28.03.2025
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
- How to pay remaining amount of TDS after due date?
- Resigning a auditor from the company for misconduct
- RCM @ 5% on Hamali charges, Transport Charges, Unloading charges we take ITC or not
- CALCULATION OF DEFFERED TAX - OP BL IS DTL & CURRET IT DTA
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
