The question (10 marks)
Sameer, aged seventeen, tells Devika, a moneylender, that he is twenty and borrows Rs 50,000 from her on that representation. He spends Rs 30,000 on his college fees and the rest on a holiday. Devika sues him for the money. Sameer pleads minority. Devika argues that he is estopped by his own lie, and that in any event he must repay after attaining majority. Advise Devika. (10 marks)
Original problem written for this course, on the pattern of Module II problem questions on capacity
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Enforceability and free consent of Law of Contract and Specific Relief.
Authorities you will need
- Indian Contract Act 1872, ss. 10, 11, 64, 65, 68, 25(2)
- Specific Relief Act 1963, s. 33
- Mohori Bibee v Dharmodas Ghose (1903) 30 IA 114
- Gadigeppa Bhimappa Meti v Balangowda Bhimangowda
- Leslie (R) Ltd v Sheill (1914) 3 KB 607
- Khan Gul v Lakha Singh
- Ajudhia Prasad v Chandan Lal
- Suraj Narain v Sukhu Ahir (1928) ILR 51 All 164
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.