A person between the age at which pupillarity ceases (fourteen in boys, twelve in girls), and majority. Minors in trade are liable for trading debts, and all minors are liable to perform their contracts, unless they can prove lesion, i.e., damage arising from the contract, in which case they may be relieved against it within four years after majority, a period called the quadriennium utile. But in no case will they be relieved against a debt contracted for value, except in so far as both parties can be restored. Minors without curators (guardians) may contract as validly as minors who have curators, and whose curators give their consent. Such consent does not validate an injurious contract.
Definition source
Kinnear, J. B., Digest of House of Lords Cases Decided on Appeal from Scotland, 1709-1864 — Glossary of Scottish Law Terms (Edinburgh, 1865). Public domain.
Legal Subject: Minor |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| Alexander Cuming v. Alexander Macdonald, Esq. | 1801 | Minor, Debt, Aliment, Arrestment, Succession, Creditor | In a process of ranking and sale, Alexander Cuming sought to be ranked on a bill that was signed by the decedent, James Macdonald, three months before James came of age. The common agent raised an objection based on James's minority, and the Lord Ordinary sustained it. Cuming sought further review, making several arguments for enforcing the bill: (1) the funds were advanced for James's benefit, (2) James accepted the bill while exercising a profession, and (3) James's father joined in accepting the bill. |
| Cunynnghame v. Whitefood, et al | 1797 | Succession, Deed, Aliment, Disposition, Reduction, Minor | Lieutenant Colonel Francis Cunynghame pursued James Whitefoord and others, seeking to set aside a settlement executed by Whitefoord in 1792 while he was a minor. Cunynghame argued that the deed was void because a minor could not alter the succession to heritable estate established by the former proprietor, and further contended that the settlement lacked proper delivery. The litigation raised the question of whether a minor's deed could effectively convey or settle heritable property. |
Documents discussing this subject (18)
- Agnes Watson v. Agnes Mathie and James Weir — Answers, 22 Feb 1776
- Agnes Watson, and James Taylor, her Husband v. Agnes Mathie, and James Weir, her Husband — Petition, 3 Feb 1775
- Alexander Cuming v. Alexander Macdonald — answers, 12 May 1801
- Alexander Cuming v. Alexander Macdonald, Esq. — petition, 5 Feb 1801
- Elizabeth Sinclair, Margaret Sinclair and Jean Sinclair v. Alexander Stark — Memorial, 6 Oct 1825
- Francis Cunningham v. Sir John Whitefoord — Information, 24 Feb 1797
- Francis Cunynghame v. Sir John Whitefoord — Information, 10 Feb 1797
- John Ravenscroft v. Jean Halliday, John M‘Chefney and Margaret M‘Chefney — Answers, 4 Mar 1793
- Lord Reay v. James Anderson and Others — petition, 4 Jul 1799
- Miss Jane Johnstone and Others v. John Muir Lowden — Reclaiming Note, 4 Jan 1838
- Mrs Susanna Vere alias Ogilvie v. Thomas Earl of Hyndford and others — Answers, 23 Jun 1791
- Mrs Susanna Vere alias Ogilvie v. Thomas Earl of Hyndford and others — Answers, 23 Jun 1791 [2]
- No. VII. ANSWERS for Thomas Sutherland, Merchant-Tailor and Clothier in Edinburgh, and as Assignee of William Purves, Clothier in Edinburgh, and Others—Defenders ; TO THE ADDITIONA
- Petition — George Thomson, Esq; of Somersham, and Charles Innes, Writer to the Signet, his Attorney
- Petition — Patrick, Richard, and Moncrieff Threiplands, and Dr Stewart Threipland Physician in Edinburgh, their Father and Administrator-in-law [2]
- Rec. Note.—John Murray against Lord Corehouse's Interlocutor
- RECLAIMING NOTE FOR ROBERT WYLLIE, Wright in Kilmarnock, Trustee on the Sequestrated Estates of John Thomson and Sons, Carpet Manufacturers in Kilmarnock, and of Robert Thomson, te
- Reclaiming Petition — George Renny against Inner-House Interlocutor
