- This topic has 5 replies, 2 voices, and was last updated 9 years ago by
.
- Posts
there is a question asking if a enters into a partnership agreement with b,a minor,which of the following describes the agreement?
i choose its is void but the answer provided is voidable by b.could you explain why?I think that it’s the Infants Relief Act of 1874 (?) that states that contracts with infants are void.
But case law has said that if the contract is for the infant’s own benefit (like a training contract) or is a contract for necessaries, then it is in fact enforceable against the infant
If an infant does enter into a contract, the other party (subject to those exceptions above) is unable to enforce it against the infant so the infant is therefore in the privileged position of being able to carry on with it if he / she so chooses knowing that the other party can do nothing about it if the infant chooses to break the contract
In that respect, yes, it’s voidable at the discretion of the infant
But Infants Relief Act …….
So the answer is still voidable right?(for those contracts other than the exceptions)
- You must be logged in to reply to this topic.