Q. ‘A’ renders some services to ‘B’ (a minor) during his minority at the request of ‘B’. On attaining majority ‘B’ enters into an agreement with ‘A’ to compensate him (‘A’) for services rendered during B’s minority. Is the agreement valid? Give reasons.
West Bengal Judicial Service Exam. 2004 and 1998.
Ans: No, the agreement is not valid—Nazir Ahmed v. Jiwan Das, 1938 AL 159 and Suraj Narain v. Sukhu Ahir, (1928) 51 All 164.
Reasons: A minor’s agreement is void ab initio (Mohari Bibi v. Dharmo Das Ghosh). In Nazir Ahmed v. Jiwan Das referred above the court held that as the minor’s agreement is void from the very beginning (ab initio), it cannot be ratified by minor even on attaining majority.
Further in Suraj Narain v. Sukhu Ahir referred above the court held that consideration taken by minor during his minority cannot be a good consideration for minor for any promise made by minor on attaining majority.
In this problem services rendered by ‘A’ to ‘B’ during his minority is no consideration for ‘B’ for new agreement made by ‘B’ on attaining majority and an agreement without consideration is void.
Thus, in this problem the agreement made by ‘B’ to ‘A’ on attaining majority to compensate ‘A’ for services rendered to him during minority is not valid for want of consideration for ‘B’.
Source: Kishor Prasad, Problems & Solutions on Civil Law