BCC 764/2015

This case involved the validity of a phone contract which had been signed by a minor and it was claimed there had been fraud.

Background

A claimant filed a case with the civil court against the defendant, asking them to pay 1,426 Dinars, and the two phones that they had sold to them.

The defendant filed a counter-case against the claimant, requesting they revoke the sales contract concluded between them, because they had signed when they were a minor and based on fraud by the claimant.

The court dismissed the original case and in the counter-case, asked the claimant to pay the defendant 888 Dinars.

The claimant appealed the ruling before the Court of Appeal, which dismissed the appealed ruling, and asked the defendant to pay the claimant 1426 Dinars and interest and dismissed the counter case.

The defendant appealed the ruling before the Court of Cassation this was because it violated the law, when they asked them to pay the claimant the remainder of the price of the sale, because they had authorized the contract after reaching the age of adulthood despite the fact that this was not true.

Decision