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Comparative Study Of Minor Contracts In India, UK, & South Africa




Adv. Harshada Sunil Nerkar, DTL, BA LLB, LLM, Shri. Navalmal Firodia Law College, Pune (SPPU)


ABSTRACT


The minority is a fact rather than a privilege! Before the Act was enacted, the contractual relationship was governed by the personal laws of different religious communities like different laws for Hindus and Muslims. But later on 25th April 1872, The Indian Contract Act was enacted. Which brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties, and obligations on the contracting parties to help them to successfully conclude business- from everyday life transactions to evidencing the businesses of multinational companies. With the path of technological advancement, people are gaining a wide range of information even before the age of majority. In modern times, minors are appearing more in social life contributing equally as a person of more than their age. Minors are becoming responsible and trying to fulfill their respective needs as well as catering to the needs of the family with their hard work. A part-time job in any firm, selling or buying things, and participating in a show gives financial freedom to minors and hence, it has become the new normal. Performance as well as impact of minor contracts in various fields and study its legal implications as well as merits and demerits. Minor entering into a contract for any work is unrecognized by law. But with the coming times, the thoughts of the people have changed and now, minors know their good or bad without consulting others and this requires the new law to be changed. The law must make new rules and provisions for protecting minors from any fraudulent activity but also not limit them and the other party from coming into contracts also the definition for minors should be graded. The researcher has undertaken the topic to study the current position of minor contracts and the rules and regulations related to it with the help of three jurisdictions of India, the UK, and South Africa.


Keywords: Advancement, Contract, India, Minor, UK, South Africa.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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