Ayush, who is a minor, purchased 10 fancy coats for the wedding ceremony of his sister on credit from M/s Surjewala & sons. The cost of all coats was ` 80,000. Not even a single coat was a necessity. Ayush has assets of worth of ` 1,00,000. M/s Surjewala & sons file a suit against Ayush for recovery of ` 80,000 out of his assets. Following the provisions of Indian Contract Act, 1872, whether Ayush is liable to pay ` 80,000 to M/s Surjewala & sons?

Question

Accepted Answer

According to Section 11 of Indian Contract Act, 1872, a contract with minor is void-ab initio. A minor cannot be enforced to pay off his liabilities. Parents or guardians of minor are also not liable for any contract entered by minor. However, a minor is liable for supplies of necessaries out of his assets. Minor is not personally liable even for necessaries.
In the instant case, M/s Surjewala & sons file a suit against Ayush for recovery of ` 80,000 out of his assets who purchased 10 fancy coats for the wedding ceremony of his sister on credit from M/s Surjewala & sons.
On the basis of the facts of the problem, coats were not necessary items for Ayush. Hence, his assets cannot be attached for payment of price of coats. Therefore, M/s Surjewala & sons cannot claim ` 80,000 from Ayush.

Question Scenario

Suggested Answer

1. Provisions of the Act / Applicable Law

2. Analysis & Application of Facts

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