CLAT CLAT Solved Paper-2012

  • question_answer
    Principle Every person, who is of the age of majority, is competent to contract according to the law to which he is subject. Facts A minor mortgaged his house in favour of Thakur Das, a money lender, to secure a loan of Rs 20000. A part of this i.e., Rs 10500 was actually advanced to him. While considering the proposed advance the attorney who was acting for the money lender, received information that plaintiff was still a minor. Subsequently, the minor commenced an action stating that he was underage when he executed the mortgage and the same should therefore, be cancelled. He prayed for setting aside the mortgage. The mortgage money lender prayed for the refund of Rs 10500 from the minor.

    A)  As a minor's contract is void and money advanced to a minor can be recovered

    B)  A minor's contract is void a initio any money advanced to a minor cannot be recovered

    C)  A minor's contract is voidable; any money advanced to a minor can be recovered

    D)  Advanced money can be recovered because minor has given wrong information about his age

    Correct Answer: D

    Solution :

    Ans.      


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