1. Core Legal Answer & Context: The statement 'Minor's contract is void ab initio' is a fundamental principle of Indian contract law. It means that any agreement entered into by a minor (a person who has not attained the age of majority, i.e., 18 years in India) is considered null and void from the very beginning, as if it never existed in the eyes of the law. This differs significantly from English law, where a minor's contract is generally voidable at the minor's option, meaning the minor can choose to enforce or repudiate it.

The rationale behind this principle is to protect minors from exploitation due to their presumed lack of maturity, understanding, and capacity to make sound judgments regarding contractual obligations. The law considers minors incapable of giving free consent, which is an essential element for a valid contract.

Consequences of a void ab initio contract: a. No Legal Effect: The contract creates no rights or obligations for either party. b. No Ratification: A minor cannot ratify the contract upon attaining majority, as a void agreement cannot be made valid by subsequent ratification. c. No Specific Performance: The minor cannot be compelled to perform the contract. d. Restitution: While the contract is void, if a minor has obtained a benefit by misrepresenting their age, the court may, in certain circumstances, order restitution under Section 33 of the Specific Relief Act, 1963, to prevent unjust enrichment, but this is not enforcing the contract itself. e. Necessaries: Contracts for 'necessaries' supplied to a minor are an exception. While the minor is not personally liable, their estate is liable to pay a reasonable price for such necessaries (e.g., food, clothing, education suitable to their condition in life).

2. Relevant Statutes and Sections:

• Indian Contract Act, 1872:
  • Section 10: States that all agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object.
  • Section 11: Defines who is competent to contract, stating that every person is competent to contract who is of the age of majority according to the law to which they are subject, and who is of sound mind, and is not disqualified from contracting by any law to which they are subject.
• Indian Majority Act, 1875: Defines the age of majority as 18 years.
• Specific Relief Act, 1963: Section 33 deals with the power to require benefit to be restored or compensation to be made when an instrument is cancelled or a contract is rescinded.

3. Important Landmark Cases:

• Mohori Bibee v. Dharmodas Ghose (1903) 30 Cal. 539 (PC): This is the seminal case that firmly established the principle in India. A minor mortgaged his property to a moneylender. The Privy Council held that a contract entered into by a minor is absolutely void ab initio and not merely voidable. Therefore, the mortgage was invalid, and the moneylender could not recover the money advanced.

4. Clear Conclusion: The principle that a minor's contract is 'void ab initio' in India is a protective measure rooted in the belief that minors lack the capacity to understand and bear contractual liabilities. This strict stance, established by the Mohori Bibee case, safeguards minors from potential exploitation, ensuring that any agreement they enter into has no legal standing from its inception, with limited exceptions for necessaries and restitution in specific circumstances.