Question

Abby is a brilliant 16-year-old high school student who has invented "The Spritzer," a device to keep vegetables fresh in the refrigerator. Abby goes to TGIThursdays restaurant, where she meets up with Brianna, the 23-year-old sister of Abby's best friend. They sit down for a bite to eat. Brianna has four vodka-and-tonics, Abby has a Coca-Cola. Brianna and Abby write a contract on a sheet of paper, and sign it, stating that Brianna promises to pay Abby $100,000 for all rights in The Spritzer. Is this a valid contract? What are the reasons why this might not be a valid contract?

Answer 1

No, the contract is not valid.

As per the Indian Contract Act, 1872, An agreement with or by a minor is void-ab-initio (Void from the beginning). These agreements are considered to be nullity and non-existent in the eyes of law. These cannot be enforced against a minor.

But in case if the contract is entered for the benefit of the minor the minor can enforce the contract in case of the breach. Even then the contract with a minor will be void-ab-initio. Only the Minor can have the right to enforce but not to make the contract as a valid contract.