based onAge of Majority Act 1971, it is provided
not defined under the act but to determine who is a minor
section 10(1), provides;
"all agreements are contracts if they are made
by...parties competent to contract..."
that a person attains the age of majority at eighteen (18). Upon his
requirement as to capacity CAPACITY
who are competent /
having the capacity
may be implied from the definition of adults birthday of eighteen (18), a person is an adult. Therefore a
person who is under the age of 18 is considered asminor.
Minors
case:
section 10(1);
MOHORI BIBEE V DHURMODAS GHOSE (1903)
all contracting parties should be 'competent to contract'.
effect of contract by minor so contract by minor is void
section 11;
case:
provides that a person is competent if he is an adult.
TAN HEE JUAN V TEH BOON KEAT (1934)
minor are bound to contract if it is for his own necessaries
case:
contract for necessaries GOVERNMENT OF MALAYSIA V GURCHARAN SINGH (1971) 1 MLJ 211
case:
NASH V INMAN (1908)
minor are bound by contract of apprenticeship so as to
provide himself with the means of self support or benificial contract.
case:
beneficial contract / contract of apprenticeship
DOYLE V WHITE CITY STADIUM LTD (1935)
case:
DE FRANCESCO V BARNUM (1890)
Exceptions
section 4(a);
"no scholarship agreement shall be invalidated on the ground that the
scholar entering into such an agreement is not of the age of majority."
contract for scholarship
so scholarship agreemint is binding on the minor.
underInsurance Act 1963 (Revised 1972), a minor over the age of
contract for insurance 10 may enter into a contract of insurance. However if the minor
is under the age of 16, a written consent from the parents or guardian is essential.
section 4(a);
"nothing in this Act shall affect the capacity of any person to act in
the following matters, namely; marriage, divorce, dower and adoption..."
contract made under the Age of Majority Act 1971
case:
RAJESWARY & ANOR V BALAKRISHNAN & ORS. (1958) 3 MC 178
section 12(1);
Section 11; "a person is said to be of sound mind for the purpose of
"every person is competent to contract contracting if,at the time when he makes it, he is
who is...of sound mind..." capable of understanding it and of forming a rational
judgement as to its effect upon his interest."
the contract is voidable at the option of the person who was unsound
contract by insane or drunken person mind if the fact of mental disorder can be proved, and provided
that the other party aware of his condition at the time of contracting.
English Law
case:
IMPERIAL LOAN V STONE (1892)
effect
By virtue ofsection 10(1)andsection 11of the Contract Act 1950,
it is suggested that contract made by insane or drunken
persons are void. since unsound mind person are
incompetent to make valid contract.
Malaysian Law
provided that, he can prove that he was
of unsound mind at the time of contracting and
the other party aware of that fact.