Is there capacity to contract on the part of Ben who is a minor?
Whether Ben keep or return the items purchased to Wawasan Sports Shop?
Based on “Principles of the law of contract in Malaysia( 3rd ed)” written by Alsagoff, S.A. (2010), S.2 stated in the Age of Majority Act 1971 in Malaysia provide that the age of majority to enter to a contract is 18 years old, while the minor who is below 18 years old is incompetent to contract. All agreements are contracts if those agreements made in the condition of free consent by parties are competent to contract as stated in Contract Act 1950, S.10(1). Besides, the people who are competent to contract must be above 18 years ...view middle of the document...
The minor success to set aside the mortgage and the lender sued him. The court held that he is not liable to repay the money according to S.66.
In other hand, a minor can enter into a contract by who is claiming for necessaries based on “Business Law, Malaysia: Oxford University Press” written by Pheng LM & Detta IJ (2011), S.69. A minor who competent to contract for necessaries are depends on 3 aspects which are the minor actual needs, minor’s station in life and the nature of good supplied. In the case Nash v. Inman (1908), a undergraduate minor at Cambridge University sued by a tailor who had supplied 11 fancy waistcoats. The court held that the fancy waistcoat were not necessaries for the minor, although his father was a wealthy architect and the minor had enough clothing at that time.
Education is included as necessaries, under Contract (Amendment) Act 1976 the scholarship agreement shall not be invalided on the ground that the scholar is minor, if the minor to breach the scholarship agreement, he required to pay the full amount to appropriate authority, S.4, S.5. In Government of Malaysia v Gurcharan Singh & Ors (1971) is about when Gurcharan is a minor and enter to an agreement for being trained as teacher for 5 years sued by government because he was broken his promise which he just worked for 3 years and 10 months only. He is liable to repay the sum of expended for his education according to S.4 and S.5.
According to S.66, a contract made by minor is void. By applying S.66 in this case, a minor Ben who is 17...