Law Case Study topic: Margaret and Emily

Case Study Question is: Include a discussion on “consideration”, and “promissory estoppel”?

Answers of Case Study Overviews:

Issue:-

There was an oral agreement between Margret and Emily that Emily will work in the shop of Margret and in return will get any unsold Doll. But at the time of entering into agreement Emily was a minor i.e. under the age of 18 years. According to the Law, a contract with a Minor can be valid, void or voidable at the option of the minor. [Business Law Ppt, 2009] hence at first instance, it seems that the agreement between Margret and Emily is not binding but a minor has a right to repudiate contract after attaining the age of majority and escape from the liability or can reaffirm that. The Question here arises is that whether Emily can confirm the contract after attaining the age of majority? Ratification may consist of any word or conduct of minor showing the interest of the minor to be bound by the contract. [US Legal, 2010] Here in this case, Emily continues working for her mother even after becoming major; this shows that she had the intent to continue with her agreement.  The contract entered by the minor for the benefits of service paid by him is a valid contract.  Here, Margaret agreed to give Emily the unsold stocks against the service provided by her but at the time of retirement she announces to give the unsold stocks in charity.  Emily can make Margret to comply with the terms of agreement as it was a legally enforceable agreement. It is only Emily who can make the contract void after attaining the age of majority.  But this option can be exercised by her only during her minority once she attained the age of majority. Once she does nothing during her minority to repudiate the contract, she cannot make it void after that. [Ken La Mance, 2011]

Consideration in Minors contract:-

If a minor continues to enjoy the valuable Consideration of its contractual transaction even after attainment of 18 years of age, then it is implied that he is affirming or ratifying the contract and then he or she will be bound by the contract.

Promissory estoppel:-

Generally a minor’s contract is voidable, but for some exceptional cases the contract can become the valid one after being rectified by the minor. After rectifying the contract, the contract becomes binding and the person rectified it will also be bound by the terms of contract, and he will stopped from setting that he was minor at the time of entering into contract.

Conclusion:-

The discussion of legal provisions above leads to the conclusion that, although agreement of Emily and Margret was made when Emily was a minor, became legally binding after the affirmation by Emily. The affirmation of Contract by Emily is obvious by her conduct, she continued working in the store of Margret and also enjoying the consideration for her contract. Hence Emily has all the rights as a party to the contract and she can bring a suit in the court of Law against Margret for her consideration also, stopping her from giving all the unsold Dolls in charity.

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