Saturday, June 2, 2012

Contract with a minor

Is there a Difference in forming a partnership with a minor and admission of a minor for benefits in a partnership?

Yes. 

Partnership with a minor will not create a valid contract. As mentioned in section 11 - of the contract Act 1872- a minor is not competent to enter in to a contract. However when a minor is admitted into benefits, those rights can be upheld. A minor can not be sued based on void agreements but the minor can sue, through her guardians, for upholding her rights. Please also remember, though the minor can not create a valid contract, her guardian can create the same on her behalf. A guardian can enter into a contract on behalf of his charge, where the contract is beneficial to the minor and which is within his – the guardian’s- competence.

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