arrow
arrow
arrow
The principle ‘Restitution stops where repayment begins’ can be applied against:
Question

The principle ‘Restitution stops where repayment begins’ can be applied against:

A.

an alien enemy only

B.

minors only

C.

lunatics and idiots only

D.

an incapable person

Correct option is B


Under Section 33 of the Specific Relief Act and relevant case law, a minor’s agreement is void ab initio (as held in Mohori Bibee v. Dharmodas Ghose, 1903). However, if a minor has unjustly enriched themselves, equitable restitution may be allowed — but it stops the moment the minor begins repayment or makes restoration. This principle balances the doctrine of capacity to contract with equitable relief.
Information Booster:
· Restitution is available not to enforce a void contract, but to prevent unjust enrichment.
· Courts are cautious not to impose liabilities on minors in a way that undermines their protected legal status.

Free Tests

Free
Must Attempt

Basics of Education: Pedagogy, Andragogy, and Hutagogy

languageIcon English
  • pdpQsnIcon10 Questions
  • pdpsheetsIcon20 Marks
  • timerIcon12 Mins
languageIcon English
Free
Must Attempt

UGC NET Paper 1 Mock Test 1

languageIcon English
  • pdpQsnIcon50 Questions
  • pdpsheetsIcon100 Marks
  • timerIcon60 Mins
languageIcon English
Free
Must Attempt

Basics of Education: Pedagogy, Andragogy, and Hutagogy

languageIcon English
  • pdpQsnIcon10 Questions
  • pdpsheetsIcon20 Marks
  • timerIcon12 Mins
languageIcon English
test-prime-package

Access ‘UGC NET LAW’ Mock Tests with

  • 60000+ Mocks and Previous Year Papers
  • Unlimited Re-Attempts
  • Personalised Report Card
  • 500% Refund on Final Selection
  • Largest Community
students-icon
353k+ students have already unlocked exclusive benefits with Test Prime!
Our Plans
Monthsup-arrow