“LIABILITY OF MINORS IF THE ACT IS SAME UNDER TORT

AND CONTRACT”
ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILLMENT OF THE COURSE

TITLED-

LAW OF TORTS

SUBMITTED TO- SUBMITTED BY-

Ms SUSHMITA SINGH NAME: ABHISHEK KUMAR

TEACHER ASSOCIATE COURSE: B.A. L.L.B (Hons.)

FACULTY OF LAW OF TORT ROLL NO- 1906

SEMESTER- 2nd

CHANAKYA NATIONAL LAW UNIVERSITY

NYAYA NAGAR, MITHAPUR, PATNA

1
INTRODUCTION
THE LAW of tor.s, unlike the law of contracts, does not draw a sharp line of demarcation
between minors and adults. Again, unlike criminal law or any other law, there are no similar
rules of exemption from liability for torts committed by children. However, the age of a child
does have a bearing in those cases where mental element in tort or reasonable care (e.g.,
negligence cases) is material. In relation to wrongs committed against children, similarly a
greater degree of care may be expected than adults. The law of torts is a judge-made law, but
there is not much case law involving children, particularly there is a total absence of case law in
India. Accord ingly, a few illustrative cases from England have been used here. It is proposed to
study the subject under the following heads: (0) the capacity of a child to sue for damages; (b)
the tortious liability of a child; (c) the right, duty and liability of a parent in respect of his child;
(d) the duty of an occupier of dangerous lands and structures in respect of children.

Indian Contract Act 1872 Capacity to contract The enforceability of an agreement(Sec.2(b)

carries a pre condition that the parties to a contract must be competent to contract(Sec 10). The
competency/capability or capacity, has been defined in Sec 11. ‘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’

Indian Contract Act 1872 Persons not competent to contract 1. Minors 2. Persons of unsound
mind 3. Persons disqualified by law Minor The term Minor is explained in sec 3 of Indian
Majority Act 1875 ‘A minor is a person who has not completed eighteen years of age’ Note:
Where a guardian has been appointed to take care of a minor’s person or property under the
guardian and Wards Act 1890 or Where the superintendence of minor’s property is assumed by a
Court of Wards The person becomes major on completing the age of 21 years

Position of Minor before Mohri Bibi Case (1903) • Before 1903 it was felt that the phrase in
Sec. 11 “ no person is competent to contract who is not of the age of majority..” has two
interpretations – • (1) a minor is absolutely incompetent to contract; the agreement with minor
void ab initio, • (2) an agreement with the minor voidable, the minor is not liable but the other
party is liable.

AIMS AND OBJECTIVES:

The researcher aims to fulfill below objectives through this project

 Who are the minors?

 Liability of minors under tort as well as contract.

2
HYPOTHESIS
‘Hypothesis’ is derived from two words: ‘hypo’ means ‘under’, and ‘thesis’ means an ‘idea’ or
‘thought’. Hence, hypothesis means an ‘idea’ underlying a statement or a proposition.

The Hypothesis for this project is ‘Liability of minors in tort as well as contract’.

TENTATIVE CHAPTERIZATION
1) Introduction
2) Minor
3) Liability of minors in tort
4) Liability of minor in contract
5) Cases and case law
6) Conclusion
7) Bibliography

RESEARCH METHODOLOGY
This project would follow doctrinal methodology. Descriptive and analytical research
methodology will be followed by researcher in this project. Primary and secondary sources have
been helpful in gathering relevant information regarding project. Secondary sources like books
and articles which are available online have been used.

SOURCES OF DATA:
The researcher used secondary sources of data to complete the rough draft.

3
 1) Secondary sources include all the websites on Law of tort, which the researcher has
consulted while making the project.

BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

SECONDARY SOURCES:

1) BOOKS:
a) Law of torts/contract by Dr. R.K. Bangia
b) Law of torts/contract by Durga Das Basu
c) Law of torts/contact by G.S. Panday

2) WEBSITES:
a) https://www.slideshare.net/satyavrat1994/indian-contract-act-1872-minors-
agreement
b) https://en.wikipedia.org/wiki/Tort
c) https://en.wikipedia.org/wiki/Contract