Minor’s Agreement
A Person under the age of eighteen years is called a Minor. An infant or a minor is a person who is not a major. According to the Indian Majority Act, 1875, a minor is one who has not completed his or her 18th year of age. A person attains a majority on completing his 18th year in India. A “minor’s agreement” is one that involves an individual or individuals under the age of 18.
The following two cases, a person continues to be a minor until he completes the age 21 years.
(a) Where a guardian of a minor person or property has appointed under the Guardians and Wards Act, 1890; or,
(b) Where the superintendence of a minor’s property is assumed by a court of wards. An amendment to this Act was made by Indian Majority (Amendment) Act 2000 which, fixed uniform age of majority as 18 years irrespective of the fact whether any guardian has been appointed but president’s assent to kid has yet to be obtained.
To deal with the problem the law provides the following two approaches.
(a) In the case of contracts relating to ordinary mercantile transactions, the age of majority is to be determined by the law of the place where the contract is made.
(b) In the case of contracts relating to land, the age of majority is to be determined by the law of the place where the land is situated.
Example: A, 18 years old-domiciled, endorsed certain negotiable Instrument in Ceylon, by the law of which he was a minor. Therefore, he was held not to be liable as an endorser.
