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Capacity to a Contract (Necessaries (If the goods are necessaries, minor…
Capacity to a Contract
Definition
Section 10 Contracts Act 1950
Section 11 Contracts Act 1950
Age of majority according to the
law which he is subject to
Age of Majority Act 1971 - 18 years old
Tan Hee Juan v Teh Boon Kiat 1934
Effect of Contract entered by minor
VOID AB INITIO
Cannot be sued or sue
Because there is no contract in the first place
Reimbursements
Section 65 & 66 of Contracts Act cannot be used in this case
If using Section 69 Contracts Act 1950, must prove necessaries in the case
Specific Relief Act 1950
Section 37 till 40
Relief provided under equity
Cases
Mohori Bibee v. Dhurmodas Ghose 1903
Only applicable when fiduciary relationship between both parties
are proven.
Necessaries
Chapple v. Cooper 1844 [Alderson B]
Walter v. Everard 1891 [Lord Esher]
Roberts v. Gray [Cozens Hardy MR]
If the goods are necessaries,
minor only accountable when
Goods are suit to his life condition
Necessary for him during the sale
Necessary for him during the delivery of the goods
Goods which are not supplied enough during the sale and delivery of the goods.
Cases
Nash v. Inman 1908
Government of Malaysia v. Gurcharan Singh 1971
Exceptions to general rules
Minor are competent to a contract
Employment contracts
Scholarship contracts
Government of Malaysia v Gurcharan SIngh & Ors 1971
Contracts of insurance
Contract of marriage
Rajeswary & Anor v. Balakrishnan & Ors 1953
Minor's false representation of age
Whether he should be estopped from raising defence that he was a minor when he made the contract
Mohamed Syedol Ariffin v. Yeoh Ooi Gark 1961