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Questions and Answers
According to Section 115 of the Evidence Act 1950, what happens when a person intentionally misrepresents a fact, causing another person to act on it?
According to Section 115 of the Evidence Act 1950, what happens when a person intentionally misrepresents a fact, causing another person to act on it?
What is the exception to Section 115 of the Evidence Act 1950?
What is the exception to Section 115 of the Evidence Act 1950?
What is the legal principle that allows a minor to avoid a contract despite misrepresenting their age?
What is the legal principle that allows a minor to avoid a contract despite misrepresenting their age?
In the case of Mahomed Syedol Ariffin v Yeoh Ooi Gark, what was the court's decision regarding a minor's misrepresentation of age?
In the case of Mahomed Syedol Ariffin v Yeoh Ooi Gark, what was the court's decision regarding a minor's misrepresentation of age?
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Which of the following is NOT a legal defense for a minor who wants to avoid a contract due to misrepresentation of age?
Which of the following is NOT a legal defense for a minor who wants to avoid a contract due to misrepresentation of age?
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What are the employment restrictions placed on females aged 15-18 years old in hotels, bars, restaurants, boarding houses, or clubs?
What are the employment restrictions placed on females aged 15-18 years old in hotels, bars, restaurants, boarding houses, or clubs?
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What does the Children and Young Persons (Employment) Act 1966 guarantee for minors regarding employment contracts?
What does the Children and Young Persons (Employment) Act 1966 guarantee for minors regarding employment contracts?
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According to the Employment Act 1955, what happens if a minor breaks an employment contract?
According to the Employment Act 1955, what happens if a minor breaks an employment contract?
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Which of the following scenarios BEST illustrates the concept of 'sound mind' according to the Contracts Act 1950?
Which of the following scenarios BEST illustrates the concept of 'sound mind' according to the Contracts Act 1950?
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What is the general rule regarding contracts entered into by minors or persons of unsound mind?
What is the general rule regarding contracts entered into by minors or persons of unsound mind?
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What does Section 40 of the Specific Relief Act 1950 provide in relation to void contracts?
What does Section 40 of the Specific Relief Act 1950 provide in relation to void contracts?
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What type of relationship is critical for a court to order compensation under Section 40 of the Specific Relief Act 1950?
What type of relationship is critical for a court to order compensation under Section 40 of the Specific Relief Act 1950?
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In the context of the content provided, what does the phrase 'void ab initio' mean?
In the context of the content provided, what does the phrase 'void ab initio' mean?
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According to the Contracts Act 1950, what is the primary requirement for a party to be considered competent to enter a contract?
According to the Contracts Act 1950, what is the primary requirement for a party to be considered competent to enter a contract?
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Which section of the Contracts Act 1950 outlines that a person is considered competent to contract if they are of the age of majority, of sound mind, and not disqualified by law?
Which section of the Contracts Act 1950 outlines that a person is considered competent to contract if they are of the age of majority, of sound mind, and not disqualified by law?
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What is the standard age of majority in Malaysia according to the Age of Majority Act 1971?
What is the standard age of majority in Malaysia according to the Age of Majority Act 1971?
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According to the general rule in contract law, what is the status of contracts entered into by a minor?
According to the general rule in contract law, what is the status of contracts entered into by a minor?
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Which of the following is a specific exception to the general rule regarding the age of majority for contracts?
Which of the following is a specific exception to the general rule regarding the age of majority for contracts?
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Under what condition can a marriage be valid in Malaysia if one party is under 18 years old, but over 16 years old?
Under what condition can a marriage be valid in Malaysia if one party is under 18 years old, but over 16 years old?
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In the case of Rajeswary and Anor v Balakrishnan & Ors, what was the primary legal issue?
In the case of Rajeswary and Anor v Balakrishnan & Ors, what was the primary legal issue?
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Which of the following best describes the term void ab initio?
Which of the following best describes the term void ab initio?
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Why was the transaction between the minor and the defendant considered void?
Why was the transaction between the minor and the defendant considered void?
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What discretionary power does the court have regarding the return of money received by a minor in a void transaction?
What discretionary power does the court have regarding the return of money received by a minor in a void transaction?
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What is the significance of Section 66 of the Contracts Act 1950 in relation to minors?
What is the significance of Section 66 of the Contracts Act 1950 in relation to minors?
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In the case of the minor wanting to cancel the transaction, what was the outcome regarding the land?
In the case of the minor wanting to cancel the transaction, what was the outcome regarding the land?
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Which of the following best describes a fiduciary relationship?
Which of the following best describes a fiduciary relationship?
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Why did the court not require the minor to return the money received from the transaction?
Why did the court not require the minor to return the money received from the transaction?
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What does the term 'void ab initio' indicate regarding contracts involving minors?
What does the term 'void ab initio' indicate regarding contracts involving minors?
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What precedent case is mentioned regarding minors and contract validity?
What precedent case is mentioned regarding minors and contract validity?
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What was the outcome of the case Mohori Bibee v Dharmodas Ghose regarding minor contracts?
What was the outcome of the case Mohori Bibee v Dharmodas Ghose regarding minor contracts?
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Under which conditions can Section 69 of the Contracts Act 1950 be applied?
Under which conditions can Section 69 of the Contracts Act 1950 be applied?
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What type of goods does Section 69 consider as necessaries?
What type of goods does Section 69 consider as necessaries?
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What was the moneylender's argument in the case of Dharmodas Ghose?
What was the moneylender's argument in the case of Dharmodas Ghose?
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Which of the following is NOT a requirement for the application of Section 69?
Which of the following is NOT a requirement for the application of Section 69?
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In the case of Leha bte Jusoh v Awang Johari bin Hashim, what was ordered by the Federal Court?
In the case of Leha bte Jusoh v Awang Johari bin Hashim, what was ordered by the Federal Court?
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What is the primary purpose of Section 69 in the Contracts Act 1950?
What is the primary purpose of Section 69 in the Contracts Act 1950?
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Which of the following best defines 'necessaries' as per the context provided?
Which of the following best defines 'necessaries' as per the context provided?
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What is the legal status of marriage contracts entered into by minors according to the court?
What is the legal status of marriage contracts entered into by minors according to the court?
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What does Section 4(a) of the Contracts (Amendment) Act 1976 state about scholarship agreements?
What does Section 4(a) of the Contracts (Amendment) Act 1976 state about scholarship agreements?
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What defines a 'young person' under the Children and Young Persons (Employment) Act 1966?
What defines a 'young person' under the Children and Young Persons (Employment) Act 1966?
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Which employment is NOT permissible for children according to the Children and Young Persons (Employment) Act 1966?
Which employment is NOT permissible for children according to the Children and Young Persons (Employment) Act 1966?
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What ruling did the High Court provide in the case of Government of Malaysia v Gurcharan Singh & Ors concerning scholarship agreements before the 1976 amendment?
What ruling did the High Court provide in the case of Government of Malaysia v Gurcharan Singh & Ors concerning scholarship agreements before the 1976 amendment?
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What type of work is classified as permissible for young persons aged 15 to 18 under the act?
What type of work is classified as permissible for young persons aged 15 to 18 under the act?
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What is required for employing a child under permissible conditions?
What is required for employing a child under permissible conditions?
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Which of the following statements about minors and contracts is true?
Which of the following statements about minors and contracts is true?
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Flashcards
Capacity to Contract
Capacity to Contract
The ability of a person to enter into a legally binding contract.
Contract
Contract
A legal agreement that creates obligations enforceable by law.
Minors and Contracts
Minors and Contracts
Contracts entered into by a person who is under the age of 18 in Malaysia are void from the beginning.
Age of Majority in Malaysia
Age of Majority in Malaysia
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Exceptions to Minor Contracts
Exceptions to Minor Contracts
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Marriage Contracts and Minors
Marriage Contracts and Minors
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Marriage Age in Malaysia
Marriage Age in Malaysia
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Exceptions to Marriage Age
Exceptions to Marriage Age
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Scholarship Contracts and Minors
Scholarship Contracts and Minors
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Scholarship Contracts & Minors (Pre-1976)
Scholarship Contracts & Minors (Pre-1976)
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Contracts (Amendment) Act 1976
Contracts (Amendment) Act 1976
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Employment of Minors
Employment of Minors
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Child (Employment Act)
Child (Employment Act)
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Young Person (Employment Act)
Young Person (Employment Act)
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Permissible Employment: Children
Permissible Employment: Children
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Sound Mind
Sound Mind
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Unsound Mind - Contracting in Sound Mind
Unsound Mind - Contracting in Sound Mind
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Sound Mind - Contracting in Unsound Mind
Sound Mind - Contracting in Unsound Mind
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Void Contracts - Minors or Unsound Mind
Void Contracts - Minors or Unsound Mind
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Compensation for Void Contracts
Compensation for Void Contracts
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Fiduciary Relationship for Compensation
Fiduciary Relationship for Compensation
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Court Power to Order Compensation
Court Power to Order Compensation
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Loss Compensation for Void Contracts
Loss Compensation for Void Contracts
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Misrepresentation and Estoppel
Misrepresentation and Estoppel
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Minor's Exception to Misrepresentation
Minor's Exception to Misrepresentation
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Minors' Right to Avoid Contract
Minors' Right to Avoid Contract
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Minors can Plead True Age
Minors can Plead True Age
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Minors Can't Be Sued for Misrepresentation
Minors Can't Be Sued for Misrepresentation
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Void Contract with a Minor
Void Contract with a Minor
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Court Discretion in Minor Contracts
Court Discretion in Minor Contracts
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Fiduciary Relationship
Fiduciary Relationship
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Section 66, Contracts Act 1950
Section 66, Contracts Act 1950
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Void Ab Initio
Void Ab Initio
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Section 66 and Minors
Section 66 and Minors
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Privy Council and Section 66
Privy Council and Section 66
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Section 66 and Impossible Contracts
Section 66 and Impossible Contracts
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Void ab initio contract
Void ab initio contract
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Necessaries under Section 69
Necessaries under Section 69
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Minor's Contract Rule
Minor's Contract Rule
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Necessaries (in contract law)
Necessaries (in contract law)
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Contractual Capacity
Contractual Capacity
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Contract for Necessaries
Contract for Necessaries
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Mohori Bibee v Dharmodas Ghose
Mohori Bibee v Dharmodas Ghose
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Leha bte Jusoh v Awang Johari bin Hashim
Leha bte Jusoh v Awang Johari bin Hashim
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Study Notes
Capacity to Contract
- Capacity refers to a person's ability to enter into a legally binding contract.
- The Contracts Act 1950 outlines the requirements for capacity.
- Section 10 states that all agreements are contracts if made by competent parties.
- A person is considered competent if:
- They are of the age of majority.
- They are of sound mind.
- They are not disqualified by any law.
Age of Majority
- The Age of Majority Act 1971 defines the age of majority in Malaysia as 18 years.
- Persons below 18 are considered minors.
- Contracts entered into by minors are generally void ab initio (from the beginning).
Exceptions to the General Rule
- Marriage Contracts: The general rule regarding the age of majority does not apply to marriage contracts.
- A person under 18 can enter a valid marriage contract in Malaysia. Special permission from the Chief Minister can be granted for a girl aged 16-18 to marry.
- Scholarship Contracts: A scholarship agreement with a minor is not considered invalid.
- Employment Contracts: The Children and Young Persons (Employment) Act 1966 governs employment contracts involving minors and young persons (15 to 18 years). Specific conditions apply to minors.
Sound Mind
- Section 12 of the Contracts Act 1950 defines soundness of mind.
- A person is of sound mind if they understand the contract and can form a rational judgment about its effect on their interests.
Remedies for Minor Contracts
- Section 40 of the Specific Relief Act 1950: If a court voids a contract involving a minor, the court can order the minor to compensate the other party if fair.
- Section 66 of the Contracts Act 1950: Any person who gains an advantage from a void contract is required to return the advantage. This does not apply to minors because their contracts are void ab initio.
- Minors are exceptions to remedies for misrepresentation under Section 115 of the Evidence Act 1950.
Necessaries
- Section 69 of the Contracts Act 1950 allows people to claim reimbursement for supplying necessaries to a minor.
- Necessaries are goods or services suitable for the minor's condition in life. The specific necessities may depend on factors such as economic background, social rank, health condition and so on.
Misrepresentation of Age
- Even if a minor misrepresents their age, they can still claim their minority to avoid the contract.
- Minors are protected from the legal consequences of their misrepresentation.
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Description
This quiz explores the concepts related to the capacity to contract as outlined in the Contracts Act 1950 and the Age of Majority Act 1971 in Malaysia. It covers the requirements for legal capacity, exceptions to the general rule, and specific provisions regarding minors and marriage contracts. Test your understanding of these legal principles.