Question

A, an 18-year-old adult of sound mind, executes a written instrument in favour of B stating, “I promise to pay B ₹ 75,000 on 1st April next year.” A is fully competent, has signed the note, and the instrument contains all essential elements of a promissory note. B sues A for recovery after 1st April when A defaults. Examine the correct legal position.

• A. The promissory note is voidable at A's option since A is only 18 years of age.
• B. The promissory note is void because it does not mention the consideration.
• C. The promissory note is valid; A is liable to pay B.
• D. The promissory note is valid only if a third party signs as witness.

Hint:

Age of Majority = 18! Once you turn 18, you are fully responsible for your contracts. Also, remember: Promissory notes don't need witness signatures to be legally enforceable!

Answer 1

The Correct Option is C

Since this fact pattern is designed to test several potential objections to a promissory note at once, it helps to knock each possible objection down in turn.

1. Objection based on age: A is 18, and the Indian Majority Act fixes majority at eighteen years, so A is an adult capable of entering binding contracts; this removes any voidability argument based on minority.
2. Objection based on missing consideration: The Negotiable Instruments Act presumes consideration for every negotiable instrument, including a promissory note, so the absence of an explicit mention of consideration on the instrument itself does not make it void.
3. Objection based on absence of a witness: Unlike some other legal documents, a promissory note does not need to be attested by a witness to bind the maker; the maker's own signature on a clear promise to pay is sufficient.
4. Conclusion: Once the age, consideration, and witness objections are all cleared, what remains is a validly executed promissory note by a competent adult, which is enforceable against the maker.

With every possible technical objection addressed and dismissed, the note stands as fully valid and binding on A.

\[ \boxed{\text{The promissory note is valid; A is liable to pay B.}} \]

Answer 2

Another way to work through this fact pattern is to check the note against the basic requirements the law sets for a valid promissory note, rather than against the specific objections raised by the wrong options.

1. Option (A): A valid contract requires the parties to be competent, and competence requires attaining majority; since A is already 18 and of sound mind, this requirement is satisfied, so treating the note as voidable for age is incorrect.
2. Option (B): A valid promissory note requires an unconditional promise to pay a certain sum to a certain person, signed by the maker; the law's presumption of consideration means an express mention of consideration is not one of the essential requirements, so this option is incorrect.
3. Option (C): Once competence, an unconditional promise, a certain sum, and the maker's signature are all present, as the facts confirm here, the instrument satisfies every essential requirement of a promissory note and is enforceable against the maker.
4. Option (D): Attestation by a witness is not among the essential requirements for a promissory note, so this option adds a condition the law does not impose.

Checking the note against the actual essentials required by law, rather than against invented conditions, confirms its validity.

Hence, the correct answer is The promissory note is valid; A is liable to pay B.