In Bangladesh, contract laws govern the formation, execution, and enforcement of agreements between parties. One common question that arises in this context is whether minors can enter into contracts.
Under the Contract Act 1872, a minor is defined as a person who has not attained the age of majority, which is 18 years in Bangladesh. However, the Act does not provide a clear answer as to whether a minor can enter into a contract.
On one hand, Section 11 of the Act states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject. This suggests that minors may not have the legal capacity to enter into a contract.
On the other hand, there are certain exceptions to this rule. For instance, Section 12 of the Act states that a minor may enter into a contract for the benefit of another person, provided that the minor does not receive any benefit from the contract. This means that a minor can act as an agent for someone else and enter into contracts on their behalf.
Similarly, Section 183 of the Act allows minors to enter into contracts for the necessaries of life, such as food, clothing, and education. This is based on the principle that a minor should not be deprived of the essentials of life even if they cannot enter into contracts for other purposes.
It is important to note, however, that even if a minor enters into a contract for necessaries, they are only liable to pay a reasonable price for the goods or services received. They cannot be held to the full extent of the contract, as they do not have the legal capacity to enter into such agreements.
In conclusion, the existing contract laws of Bangladesh do not provide a straightforward answer to the question of whether minors can enter into contracts. While minors may not have the legal capacity to enter into contracts in most cases, there are certain exceptions, such as acting as an agent or entering into contracts for necessaries. As always, it is important to seek legal advice before entering into any contract, especially if you are a minor.