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SWOT Analysis – 10 Marks

There was an oral agreement between Margret and Emily but at the time of
entering into agreement Emily was a minor i.e. under the age of 18 years. Basically there
are two issues involved in it,
Questions:

1. Whether Emily can confirm the agreement between them as a contract after attaining
majority?
Ratification may consist of any minor's word or behaviour demonstrating the
minor's desire to be bound by the contract. [2010, US Legal] In this scenario, Emily
continued to work for her mother even after becoming a major, demonstrating that she
intended to keep her commitment. The minor's contract for the advantages of service paid
for by him is a legitimate contract. Margaret committed to give Emily the unsold stocks
in exchange for the service she gave, but when she retires, she declares that she will
donate the unsold stocks to charity.
After turning 18, it is assumed that a minor is affirming or ratifying the contract
and will therefore be bound by it if they continue to get the valued Consideration of the
contractual transaction.

2. Whether Emily has the right to bind Margret under the agreement between them

Emily can compel Margret to follow the conditions of the agreement because it is
legally binding. Only Emily can nullify the contract after reaching the age of majority.
However, she can only use this option during her minority, once she has reached the age
of majority. She cannot declare the contract worthless if she does nothing to disavow it
during her minority.

A minor's contract is often voidable, although in some rare circumstances, the


contract may be made legitimate after being amended by the minor. After the contract is
corrected, it becomes enforceable, and the person who corrected it is now subject to its
provisions. He is also prohibited from claiming that he was a minor when the contract was
made.

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