1. A minor can do which of the following things ?
a. Plead minority
b. Can act as an agent
c. Enter contract of apprenticeship
d. All of the above
A minor can always plead minority, can act as an agent and may be appointed as apprentice attaining 14 years of age. Hence, option (d) is the correct answer.
2. S, a minor by fraudulently representing himself to be a major, induced L to lend him Rs.4 Lakhs. S refused to repay it and L sued S for the money. The contract is:
a. Voidable at the option of the minor
b. Voidable at the option of L
c. Wholly valid, S is liable to repay the amount
d. Totally void and S is not liable to repay the amount due
A minor can always plead minority. The rule of estoppel does not apply to a minor. So, S is not liable to repay the amount due as the contract is totally void. Hence, option (d) is the correct answer.
3. Which of the following statements is true?
a. The right of estoppel is equally applicable to minor
b. An agreement with a minor is void
c. An agreement with a minor is voidable
d. A minor cannot be agent.
Any agreement with Minor is Void ab initio. Any such agreement cannot be enforced against the minor. Hence, option (b) is the correct answer.
4. Choose the incorrect (False) alternative among the following
a. A minor can be an agent
b. A minor cannot be a promisee or a beneficiary
c. A minor cannot be asked for specific performance of contract
d. A minor can always plead minority.
A minor can be a promisee or a beneficiary. Hence, option (b) is the correct answer.
5. Agreement with a minor ………….. on attaining the age of maturity
a. is invalid
b. is illegal
c. cannot be ratified
d. is voidable.
Minor’s agreement cannot be ratified on attaining majority. Hence, option (c) is the correct answer.
6. Monika, aged 17, borrowed Rs.5,000 from Koyel by executing a promissory note. After attaining the age of majority, Monika executed a fresh promissory in consideration of a promissory note executed by her during her minority. Koyel wants to sue Monika to recover the money. Now Koyel:
a. can sue Monika on the basis of first promissory note
b. can sue Monika on the basis of second promissory note
c. cannot sue Monika on the basis of any of the promissory notes
d. can sue the guardian of Monika to recover the amount.
Minor’s agreement cannot be ratified on attaining majority. Thus consideration given when he was minor cannot be passed when he attains majority. A fresh agreement to pay for goods supplied during minority is also void. In this case, the first promissory note made during minority is void and the second promissory note is also void as no fresh consideration emerges.
So, Koyel cannot sue Monika on the basis of any of the promissory notes. Hence, option (c) is the correct answer.
7. Sayan, aged 16 years, bought some goods on credit for Rs.12,000 from Kiran. On attaining majority, he took a further sum of Rs.3,000 and executed a bond in favour of Kiran to pay the total amount of Rs.15,000. On being reminded of the repayment of the debt, Sayan maintains that the bond is not valid and enforceable since it amounts to ratification of debt incurred during his minority. Which of the following statements is correct?
a. Sayan is liable to pay Rs.12,000
b. Sayan is liable to pay Rs.3,000
c. Sayan is liable to pay Rs.15,000
d. Kiran cannot sue Sayan to recover the debt since the bond is not a valid one.
If a person receives a part of the benefit during his minority and part of it after attaining majority, then a promise made by him to pay for the both will be considered as valid consideration and is enforceable. So, Sayan is liable to pay Rs.15,000.
Hence, option (c) is the correct answer.
8. A minor took loan against mortgage of his house.
a. The Minor is liable to repay the loan
b. The Minor is not liable to repay the loan
c. The mortgaged property may be made liable for the debt
d. None of the above.
A minor is not bound to refund the benefit, even if received under a void contract. So, the minor may avoid repayment of loan. The mortgaged property cannot be made liable for his debt. Hence, option (b) is the correct answer.
9. A minor makes out a promissory note in favour of a grocer, who supplied the minor with necessaries of life. The grocer:
a. cannot claim payment
b. can claim payment from minor personally
c. can recover the amount from minor’s property
d. Both (b) and (c).
Minor is liable to pay for the necessary supplies. The supplier is legally bound to support the minor and claim payment out of minor’s property. The property is liable, but the minor is not personally liable. (sec. 68)
So, in the given case, the grocer can recover the amount out of minor’s property. Hence, option (c) is the correct answer.
10. A, a minor who wanted to become a professional footballer, entered into a contract with a coach to get training on the game.
a. The coach can not claim anything for his services
b. A is personally liable to the coach for payment of his services
c. A’s property is liable to the coach for payment of his services
d. None of the above.
The person providing service necessary to a minor is legally bound to support the minor, out of minor’s property. Providing Professional Training is considered necessary for minor. Hence coach can claim for his services. The property of Minor is liable, but the minor is not personally liable. Hence, option (c) is the correct answer.
11. A minor is supplied with necessaries of life by a grocer. He makes out a promissory note in favour of the grocer.
a. The grocer can demand payment for the promissory note
b. The grocer can sue the minor for payment for the promissory note
c. The grocer can recover the payment for the promissory note from Minor’s property
d. None of the above.
Minor is liable to pay for the necessary supplies made to him. The supplier is legally bound to support the minor, out of minor’s property. The property is liable, but the minor is not personally liable (sec. 68). So, the grocer can recover the payment for the promissory note from Minor’s property. Hence, option (c) is the correct answer.
12. A, aged 17, broke his right arm in a hockey game. He engaged a physician to set it.
a. The physician can not claim anything for his services
b. A is personally liable to the physician for payment of his services
c. A’s property is liable to the physician for payment of his services
d. None of the above.
A person providing necessary service to a minor is legally bound to support the minor, out of minor’s property. The property is liable, but the minor is not personally liable. Hence, option (c) is the correct answer.
13. A minor’s estate is liable for the ……… supplied to him
a. Luxuries
b. Whatever is demanded by Minor
c. Necessaries
d. All of the above
A minor’s estate is liable for the necessaries supplied to him. Hence, option (c) is the correct answer.
14. X, a minor, fraudulently represented Y, a money-tender that he was of full age and executed a mortgage deed for Rs.10,000.
a. Y can recover the money from X
b. Y cannot recover the money from X
c. Y can sue X for tort of misrepresentation
d. None of the above.
A contract with Minor is void. When a minor fraudulently makes a contract with anyone on representation that he is of majority and competent to enter into a contract, minor shall not be bound by such contract, since the rule of estoppel does not apply to a minor. So, in this case, the minor is not liable to repay the amount and Y also cannot recover the same. Hence, option (b) is the correct answer.
15. X, a minor, falsely representing his age as 21, makes an agreement to sell his property to Y and receives Rs.1,00,000 as advance. Of this money, X purchases a car for Rs.75,000 and spends the rest on a pleasure trip. Y sues X on attaining majority, for the conveyance of the property or in the alternative for the refund of Rs.1,00,000 and damages.
a. Y can claim conveyance of X’s property to his name
b. Y can claim Rs.1,00,000 and damages from X
c. Y may apply the court to get the Car restored to him from X
d. Y may sue X for misrepresentation of his age.
A contract with Minor is void. Whereas minor has fraudulently made a representation to a person that he is of majority and competent to enter into a contract, such other person cannot enforce the contract. Since the rule of estoppel does not apply to a minor, Y cannot sue X for misrepresentation of age. However, Y may apply the court to get the Car, which is the only traceable asset purchased out of his money, restored to him (X). Hence, option (c) is the correct answer.
16. Can a person who is usually of unsound mind, but occasionally of sound mind, make a contract?
a. Yes, but only when he is of sound mind
b. Yes, he can always make a contract
c. No, he cannot make a contract
d. Can’t be determined
A Person is said to be unsound mind for the purpose of making an agreement, if at the time of making the agreement, he is not in sound mind. So, a person who is usually of unsound mind, but occasionally of sound mind, can make a contract only when he is of sound mind. Hence, option (a) is the correct answer.
17. Claim for necessaries of life supplied to a lunatic U/S 68 of the Indian Contract Act, can be enforced against
a. The relative of the lunatic
b. The lunatic’s property or estate
c. The guardian of the lunatic
d. The lunatic personally when he ceases to be lunatic
Though the contracts of person of unsound mind (e.g., lunatic) is void, their estate is liable for necessary supplies made to support them. Hence, option (b) is the correct answer.
18. Contract with a person of unsound mind is:
a. Valid
b. Void
c. Voidable
d. None of these
Contract with a person of unsound mind is void. Hence, option (b) is the correct answer.
19. A contract with resident of an enemy country is
a. Illegal
b. Void
c. Valid
d. Voidable
A contract with resident of an enemy country is void. Hence, option (b) is the correct answer.
