Effect of a minor’s agreement
- No estoppel against minor – Estoppel is a judicial device in common law legal systems whereby a court may prevent, or “estop”, a person from making assertions or from going back on his word. The Law of Estoppel cannot be invoked by a party to validate a contract which is void under the law. As Section 10 and 11 of ICA clearly bar a minor from entering in a contract, estoppel cannot be used to enforce the void contract.
- No liability in tort arising out of contract- A minor cannot be held responsible in torts if it would amount to an indirect way of enforcing his agreement. if the tort is directly connected with the contract and is part and parcel of same transaction, then minor will not be liable under tort. However, if the tort is independent of the contract, the mere fact that the contract was also involved will not absolve the minor of his liability.
- Doctrine of restitution – If a minor obtains property or goods by misrepresenting his age, he can be compelled to restore it as long as it can be traced under his possession. If a minor has sold the goods or converted them, he cannot be asked to repay the value of the goods as it would amount to enforcing a void contract. Similarly, doctrine of restitution doesn’t apply if minor has obtained cash instead of goods.
