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M'Donald v - . [1789] Mor 9038 (16 June 1789)
URL: http://www.bailii.org/scot/cases/ScotCS/1789/Mor2209038-172.html Cite as:
[1789] Mor 9038
No Restitution till the other Party be restored. - Whether a Minor, who follows a Profession, can be restored ?
M'Donald v. -
Date: 16 June 1789 Case No. No 172.
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In general lesion is presumed when a minor borrows money, and it is therefore incumbent on the lender to prove, that it was in rem versa; but the Court thought, that where a minor carries on a trade, or exercises a profession, lesion is not presumed, but must be proved by the minor.
It was found in the same case, that the minor, though carrying on business, was privileged against prescripton. See Appendix.
