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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.

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