FAQs on Minor and Rule of Estoppel (Mohori Bibee vs Dharmodas Ghose)

Question 1

1. What is the case of Mohori Bibee vs Dharmodas Ghosh about?

Accepted Answer

Ans. The case of Mohori Bibee vs Dharmodas Ghosh is a landmark judgment by the Privy Council of England in 1903. It deals with the concept of minor's agreement and the rule of estoppel in contract law. The case revolves around a minor who mortgaged his property to the defendant and later sought to void the contract due to being a minor at the time of entering into the agreement.

Question 2

2. What is the rule of estoppel in contract law?

Accepted Answer

Ans. The rule of estoppel in contract law refers to the principle that prevents a person from denying or going back on their previous statements or actions if it would result in injustice or harm to another party. It essentially prohibits a party from asserting something contrary to what they had previously represented, especially when the other party has relied on those representations to their detriment.

Question 3

3. What is the significance of the Mohori Bibee vs Dharmodas Ghosh case?

Accepted Answer

Ans. The Mohori Bibee vs Dharmodas Ghosh case is significant in contract law as it established the principle that a contract with a minor is void ab initio, meaning it is void from the beginning. This judgment clarified that a minor cannot be held liable for any contract entered into, even if the contract appears to be valid on its face. It provided protection to minors from being bound by agreements that they may not fully understand or may be detrimental to their interests.

Question 4

4. How does the case of Mohori Bibee vs Dharmodas Ghosh relate to the concept of minor's agreement?

Accepted Answer

Ans. The case of Mohori Bibee vs Dharmodas Ghosh is closely related to the concept of minor's agreement. It reaffirmed the long-standing legal principle that contracts entered into by minors are voidable at the option of the minor. This means that a minor can choose to either affirm or disaffirm a contract upon reaching the age of majority. The case highlighted the need to protect minors from entering into agreements that they may not fully comprehend or that may be unfair to them.

Question 5

5. What are the implications of the rule of estoppel in contract law?

Accepted Answer

Ans. The rule of estoppel in contract law has significant implications. It promotes fairness and justice by preventing a party from going back on their word or actions if it would cause harm to another party who relied on those statements or actions. It encourages parties to act honestly and in good faith during contract negotiations and helps maintain the stability and predictability of contractual relationships. However, it is important to note that the rule of estoppel is not absolute and may be subject to certain exceptions and limitations as determined by the courts.

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