Nitin Kumar Singh, Ram Manohar Lohiya National Law University
ABSTRACT
In this work, I have thoroughly analyzed the terms and conditions of the contract involving minors in the context of sports in India. It's widely recognized that the landmark case of Mohori Bibee v Dharmodas Ghose1, decided by the Privy Council in 1903, holds significant importance when discussing contracts with minors. Additionally, I have conducted a comparative analysis of how contracts with minors are viewed in other common-law jurisdictions. Lastly, I have delved into the concerns surrounding this issue and have proposed reforms that are necessary in the realm of contract law.
Introduction
In society, every individual knowingly or unknowingly engages in contracts at various points in their lifetime. It's crucial to understand that a contract is not the same as an agreement, despite common misconceptions. In India, the Indian Contract Act defines a contract in section 2(h)2 as "any agreement that is enforceable by law." This means that while every contract is an agreement, not every agreement qualifies as a contract. Furthermore, the Act raises the question of whether an individual can be competent to enter into a contract with another person and provides provisions to address this issue.
Section 113 of the Indian Contract Act clearly mentions who is eligible for the contract and who is not. Section 11 says, “Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject.”
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