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  • Read the following passage and answer the question. Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitl

Read the following passage and answer the question.

Where a minor or other person whom he is legally bound to support is supplied with necessaries, the supplier is entitled to be reimbursed (Section 68 of Indian Contract Act, 1872) The liability is not to pay the agreed price, but to reimburse. The minor is not personally liable, but the minor's property is liable for the amount. Since the decision of the Privy Council in Mohori Bibee Dharmodas Ghose, it is clear that this section applies to minors as well as to persons of unsound mind and others, if any, disqualified from contracting by any law to which they are subject.

The term "necessaries" includes everything necessary to maintain an incompetent person in the state, station, or degree of life in which he is, and what is "necessary" is a relative fact to be determined with reference to the fortune and circumstances of a particular infant The meaning of the word is not confined to "necessities".Necessaries must be things which the minor actually needs, therefore, it is not enough that they be of a kind which a person of his condition may reasonably want for ordinary use, they will not be necessary if he is already sufficiently supplied with things of that kind, and it is immaterial whether the other party knows this The court should take into consideration the character of the goods supplied, the actual circumstances of the minor, and the extent to which the minor was already supplied with them. Things may be useful to the minor, but the quality or quantity supplied 
may render them not necessary.

Question :-  A, a male aged 15 years marries a girl B aged 13 years. A, purchases certain household necessities  such as vegetables and fruits from Mr. C. Decide

 

 

Option: 1

Mr. C shall not be compensated by A as A, being a minor, married B

 


Option: 2

 Mr. C shall be compensated by A

 


Option: 3

Mr. C shall not be compensated since a contract with a minor is void

 


Option: 4

Mr. C shall be compensated out of A's estate.

 


Answers (1)

best_answer

In the present case, C has supplied the necessities to A. Since this liability is not person, C shall be compensated from A’s estate.

 

Posted by

rishi.raj

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