If it can be shown, however, that the express con tract which he has entered into is really for his bene fit, he will be bound by it, or even sometimes where it is shown that it is not manifestly to his prejudice. Or if he enters into an agreement of apprenticeship or employs himself with a firm for a reasonable wage, he will be bound if he unlawfully absents himself from his employment. But it has been held that where a minor is allowed to make frequent journeys by a rail way on special terms, and in consideration he waives any claim for accident that may occur, such a contract is harmful to him, and he is not bound. But suppos ing that he were to buy goods on credit, in order to taken advantage of a rising market, his contract might not be manifestly disadvantageous, especially if he were of years of discretion; but he could void such a contract, at least at common law.
If a minor is a shareholder in a company and is in arrears for calls, he may, upon reaching his majority, be sued for the unpaid calls, unless he has repudiated his contract either before majority or within a rea sonable time afterwards. It has been held in a Que bec case that a minor who has attained his majority can be sued for the recovery of the amount of a prom issory note made while he was a minor in payment of the first premium on a policy of insurance on his life, where he retained the policy, and where he took no procedure to annul the insurance contract. The in surance premium having been so paid, the insurance, it was held, stands in force for all purposes; and a minor, having attained his majority, can avoid a con tract entered into during his minority only in so far as he proves legal injury or prejudice. That distinc tion brings out clearly the difference between the law of the Province of Quebec and that of Ontario and the other English law provinces. In the English law provinces, a minor's incapacity is greater than in the Province of Quebec. He can, as a general rule, get any contract, into which he has entered, set aside. In the Province of Quebec, the general rule is that he must show that he has suffered a prejudice by his con tract.
If he has represented himself as being at the age of majority, it may be said as a general rule that he must restore any advantage he has obtained by reason of his misrepresentation, if he chooses to void his con tract.
7. Ratification.—An infant cannot ratify before majority the contract which as an infant he could dis avow, because his capacity for the one is no greater than his capacity for the other. His ratification should be in writing. If he ratifies his contract, he must ratify it as a whole; he merely ratify what lie thinks will be of advantage to him, and repudiate the balance. Thus if he buys a piece of real estate
and gives a mortgage for the unpaid balance, he can not, upon becoming of age, ratify the purchase and repudiate the mortgage.
8. Insane general rule may be laid down that the contracts of an insane person are void able. The old rule was that he was unable to void them himself. If he has been legally declared in sane, or as.the result of an inquisition, he cannot deal with his property by deed, even in a lucid interval.' But a lunatic who has not been so found may contract during lucid intervals.
A person may be insane upon one subject, yet as regards other matters be quite capable of contracting. So far as concerns the subject of his insanity or de lusion, he cannot contract, tho in other matters a may. A person, for example, who is insane upon the subject of religion, may be quite sane enough to pro tect his interests in the purchase of a horse.
9. Pisa/&mance by an insane a lucid interval, or within a reasonable time after he be comes sane, a person who has made a contract while insane may repudiate it. If he has a guardian the latter may, during his insanity, repudiate the contract for him. If he dies, his personal representatives or heirs may do so. But the other party to the contract, as well as any third party, cannot disaffirm the con tract.
The marriage of a lunatic is void. That he may validly enter into the contract of marriage, the same degree of sanity will be required of him as for making a will or any other contract. But the burden of prov ing his insanity will be upon 10. Return of consideration by the insane.—If an insane person chooses to repudiate his contract, he must, if he can, tender back with his claim the con sideration he may have received. If he cannot, there is authority for the view that he will not as a result be bound by his contract. If, for this reason, he could not relieve himself of the contract he made while insane, the rule which entitles him to void his contracts would be set at naught, and what he could not do directly would be forced upon him indirectly. The same weakness which led him into the contract may have led him to dispose of the consideration, and the law undertakes to protect him against his weak ness. So if in a lucid interval he tenders back a watch which while insane he has bought, the vendor is bound to accept the watch and give him back the price. But if meanwhile he had lost the watch, the vendor would be bound to return the price.