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Money lender's right of action against minor

The money lender does not have a right of action against the minor for the money lent, as minors are not competent to contract and therefore any agreement entered into by a minor is void ab initio (from the beginning). However, the money lender may have a right of action against the minor for damages for fraudulent misrepresentation, if the following conditions are met:

- There was a false representation of a material fact: In this case, the minor falsely represented that he was of full age, which was material to the decision of the money lender to lend him money.
- The representation was made with knowledge of its falsity or recklessly: The money lender would need to prove that the minor knew or should have known that he was not of full age and that his representation was false, or that he made the representation recklessly without caring whether it was true or false.
- The representation was made with the intention to induce the money lender to act on it: The money lender would need to prove that the minor made the representation with the intention to obtain a loan from him, knowing that he would not have lent the money if he had known the truth.
- The money lender acted on the representation and suffered a loss: The money lender would need to prove that he relied on the false representation in lending the money to the minor and that he suffered a loss as a result, such as the loss of the principal or the interest.

If these conditions are met, the money lender may be able to recover damages from the minor for the loss suffered, subject to the limitation of the minor's liability under the law of torts. The amount of damages would depend on the extent of the loss and the degree of blameworthiness of the minor.

Conclusion

In conclusion, the money lender does not have a right of action against the minor for the money lent, but may have a right of action for damages for fraudulent misrepresentation if the conditions are met. However, the process of proving the elements of fraudulent misrepresentation and the recovery of damages may be complex and uncertain in practice. Therefore, it is advisable for money lenders to verify the age and capacity of borrowers before lending to them, and to seek legal advice in case of doubts or disputes.

No he can't claim as he is minor.
If a minor falsely represents himself as a major then the money can't be recovered from him.
It is the right of creditor to check whether he is major or minor.