Examveda
Examveda

A is minor, who poses himself as major and executes a mortgage before B for Rs. 10000. B files a suit for recovery of loan. A takes a defence that he was not competent to contract when he took loan. In such a situation which of the following statement is correct?

A. Contract was obtained by fraud hence voidable at the option of A

B. Contract cannot be rescind. No one can be allowed to take benefit of his own fraud

C. Contract is void but minor may be ordered to pay Rs. 10000/- back

D. Contract is void but minor cannot be ordered to pay Rs. 10000/- back

Answer: Option C


This Question Belongs to Law >> Specific Relief Act

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Related Questions on Specific Relief Act

Point out - On which of the following ground the court shall not refuse the decree of specific performance.

A. In a contract, where plaintiff has been given an unfair advantage over the defendant

B. In a case where the contract is not enforceable at the instance of the other party

C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance

D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff