Which of the following is true with respect to minor entering a contra...
Explanation:
The correct answer is option A: 1 & 2.
1. An agreement with or by a minor is void ab initio: This means that a contract entered into by a minor is void from the beginning. A minor does not have the legal capacity to enter into a contract and therefore any agreement they make is considered void.
2. A minor can be a beneficiary of a contract: While a minor cannot enter into a contract themselves, they can still benefit from a contract that is made by someone else. For example, if a parent purchases a life insurance policy with the minor as the beneficiary, the minor can receive the benefits of the policy.
3. The contracts involving a minor as a beneficiary may be enforced at the option of the third party: This statement is incorrect. Contracts involving a minor as a beneficiary cannot be enforced by the third party. Since a minor cannot enter into a contract, they do not have the legal capacity to enforce it.
4. A minor can ratify a contract on attaining majority: This statement is also incorrect. A minor cannot ratify a contract upon reaching the age of majority. The contract remains void ab initio and cannot be ratified later.
In conclusion, only statements 1 and 2 are true with respect to a minor entering a contract.
Which of the following is true with respect to minor entering a contra...
Understanding Minor's Capacity to Contract
In contract law, a minor (typically defined as a person under the age of 18) has limited capacity to enter into contracts. Here’s a breakdown of the statements provided:
1. An Agreement with or by a Minor is Void Ab Initio
- A contract entered into by a minor is considered void from the outset (ab initio).
- This means that the minor cannot be held legally responsible for any obligations arising from the contract.
2. A Minor Can Be a Beneficiary of a Contract
- It is true that a minor can benefit from a contract, such as being a beneficiary in a life insurance policy or a trust.
- This does not necessarily mean they can enter into a binding contract on their own.
3. The Contracts Involving a Minor as a Beneficiary May Be Enforced at the Option of the Third Party
- While third parties can enforce rights arising from contracts benefiting a minor, the enforcement is not guaranteed and often depends on the circumstances.
- This statement can be misleading as it suggests that the minor's rights are automatically enforceable.
4. A Minor Can Ratify a Contract on Attaining Majority
- Contracts made by minors cannot be ratified once they reach the age of majority.
- This means that any contract entered into while a minor remains void and cannot be validated later.
Conclusion
Based on the analysis above, the correct option is 'A' (1 and 2).
- The first statement is definitively true, while the second acknowledges that a minor can be a beneficiary without entering a binding contract.
- Therefore, only statements 1 and 2 hold true in the context of minor's capacity in contracts.