Question

LEGAL PRINCIPLE A minor is not competent to contract.

FACTUAL SITUATION Deep, a 9th standard student realises that he is a minor, he is not permitted by law to execute a contract, appoints on Mandeep as his agent to conclude the purchase of land to gift it to his mother on her birthday. Mandeep accordingly prepares the papers for the transaction but at the last minute, the seller who had agreed to sell it now refuses to sell it contending that he does not wish to sell the land to a minor. Deep seeks to enforce the contract against the seller.

Options

• Deep can enforce the contract since Mandeep is his agent. Deep is deemed to have personally entered into a contract

• Deep cannot enforce the contract, only Mandeep can since the seller has entered into the contract with Mandeep

• Deep cannot enforce the contract since he is a minor

• Deep can neither appoint an agent nor enforce the contract since he is a minor

Answer 1

Deep can neither appoint an agent nor enforce the contract since he is a minor

Explanation:

Deep can neither appoint an agent nor enforce any contract because he is minor and contract with minor is not maintainable.