Contracts with Minors Quiz
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Questions and Answers

In the context of contracts with minors, what is the primary factor in determining whether something is considered a 'necessary'?

  • The item's market value at the time of purchase.
  • The subjective opinion of the seller regarding the minor's needs.
  • The item's absolute essentiality for survival.
  • The minor's social standing and financial capabilities. (correct)

According to the provided cases, under what circumstance would education or training provided to a minor be considered a necessary?

  • If it guarantees a higher earning potential for the minor.
  • When it is in line with the social standing the minor is expected to hold. (correct)
  • If it is a part of an apprenticeship or vocational program.
  • When the minor shows exceptional talent or interest.

What distinguishes 'necessaries' from 'necessities' in legal terms when referring to contracts with minors?

  • Necessaries and necessities are interchangeable, both representing items for the minor's basic survival.
  • Necessities are essential for survival while necessaries also consider the minor's condition in life. (correct)
  • Necessities are essential for survival, while necessaries can include items that enhance comfort and lifestyle.
  • Necessaries are strictly items essential for survival, while necessities encompass a broader range including well-being.

Under what circumstance can a 16-year-old female work in a restaurant according to the provided text?

<p>If her parent or guardian manages the restaurant. (D)</p> Signup and view all the answers

What was the Courts’ decision in the case of Nash v Inman regarding the minor's purchase of waistcoats?

<p>The waistcoats were not necessaries because the minor had already enough clothes. (D)</p> Signup and view all the answers

What is the primary condition for a person to be considered of sound mind when entering a contract as per Section 12 of the Contracts Act 1950?

<p>They must be able to understand the contract and form rational judgement about its effect on their interests. (C)</p> Signup and view all the answers

If a minor breaches a service contract, what legal consequence might they experience regarding compensation or damages?

<p>They are exempt from claims of damages or compensation as stated in the text. (D)</p> Signup and view all the answers

According to both Chapple v Cooper and Ryder v Wombwell, which of the following statements about 'necessaries' is correct?

<p>Burial expenses are considered necessaries, while ornamental items are not. (A)</p> Signup and view all the answers

In the context of contracts with minors, under which of these scenarios, the contract would potentially be binding due to the nature of the items?

<p>A minor purchases a comprehensive health insurance plan. (D)</p> Signup and view all the answers

What is the default legal status of a contract entered into by a person of unsound mind?

<p>The contract is void from the beginning (void ab initio). (D)</p> Signup and view all the answers

Under what condition might a person who is usually of unsound mind enter a legally binding contract, as derived from the text?

<p>Only when they are temporarily lucid and of sound mind. (A)</p> Signup and view all the answers

Why do courts consider the minor’s ‘condition in life’ when assessing what constitutes necessaries?

<p>To align the definition of necessaries with the minor's financial capacity and social standing. (B)</p> Signup and view all the answers

According to the provided cases, if a minor is already adequately supplied with clothing, what is the most likely legal outcome if they purchase more clothing?

<p>The contract is void for the excessive clothing purchased. (C)</p> Signup and view all the answers

What power does Section 40 of the Specific Relief Act 1950 grant to a court when voiding a contract involving a minor?

<p>To compel the party benefiting to compensate the other party if deemed fair. (C)</p> Signup and view all the answers

What is a key aspect discussed regarding minors working on vessels?

<p>Minors are allowed to work on vessels with parental supervision. (C)</p> Signup and view all the answers

In the context of the case 'Tan Hee Juan v Teh Boon Keat', what is required for a court to order compensation when voiding a minor’s contract in line with the text provided?

<p>The requirement for a fiduciary relationship. (A)</p> Signup and view all the answers

In the case of Mohori Bibee v Dharmodas Ghose, what was the primary legal determination regarding a contract entered into by a minor?

<p>The contract is void <em>ab initio</em> (from the beginning). (D)</p> Signup and view all the answers

What did the court decide about the moneylender's request for reimbursement in Mohori Bibee v Dharmodas Ghose?

<p>The court refused to order reimbursement due to the contract's void nature. (C)</p> Signup and view all the answers

In the case of Leha bte Jusoh v Awang Johari bin Hashim, what was the court ordered regarding the repayment when the minors vacated their land?

<p>The minor was to get a full refund of the original purchase price. (B)</p> Signup and view all the answers

According to Section 69 of the Contracts Act 1950, under what circumstance is a person who supplies necessaries to a minor entitled to reimbursement?

<p>When the supplied necessaries are suited to the minor's condition and essential for their well-being. (B)</p> Signup and view all the answers

What is the primary purpose of Section 69 of the Contracts Act 1950?

<p>To ensure that minors obtain necessary support without causing unfair losses to suppliers. (A)</p> Signup and view all the answers

What does the legal term 'necessaries,' as used in Section 69, refer to in the context of contracts with minors?

<p>Goods or services suitable for the minor's social and economic background and which are essential for their well-being. (D)</p> Signup and view all the answers

A minor has been supplied with premium, high-end clothing. When determining whether Section 69 applies, what key aspect must be considered?

<p>If the clothing matches the social and economic status of the minor (C)</p> Signup and view all the answers

If a minor is supplied with necessary services, which has a market value of $1000, what can the supplier expect regarding the compensation under Section 69 of the Contracts Act?

<p>The supplier can be reimbursed out of the minor's property for the market value of the service. (A)</p> Signup and view all the answers

Flashcards

Necessities (for Minors)

Goods or services deemed essential for a minor's survival and well-being, considering their specific circumstances.

Void ab initio Contract

A contract entered into by a minor that is legally invalid from the beginning. The minor is not bound to fulfill the contract.

Government's Right to Recover Costs (Section 69)

Legal principle that allows the government to recover costs incurred in providing education and training to a minor who breached a scholarship agreement, even if the contract is void.

Chapple v Cooper

A legal case where the court held that burial expenses for a minor widow were considered necessaries because they were essential.

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Nash v Inman

A case where a minor's purchase of fancy waistcoats was not deemed necessary because he was adequately supplied with clothing, demonstrating the need to consider the minor's specific needs.

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Ornamental items are not Necessaries

Ornamental items, such as jewelry, are generally not considered necessaries as they are not essential for life or well-being.

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Minor's Life Circumstances

When determining if something is a necessity for a minor, the specific circumstances of the minor must be considered, including their social rank, expected position, and financial condition.

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Luxurious Items are not Necessities

Items considered luxurious for a minor, based on their specific needs, are not considered necessaries.

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Sound Mind Definition

A person is considered to be of sound mind when they understand what they are agreeing to and can rationally think about how the contract affects their interests.

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Compensation for Void Contracts

Even though a contract with a minor or someone of unsound mind is invalid, a court can decide if the minor should compensate the other party if it's fair. This often happens if the other party suffered a significant loss due to the contract being canceled.

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Fiduciary Relationship

A fiduciary relationship means a relationship based on trust, where one person acts in the best interests of another. In the context of contracts with minors, fiduciary relationships are important to consider when deciding if compensation is required.

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Minors and Contracts

Minors (under 18) are considered legally incapable of entering into contracts, with some exceptions for necessities. This means their contracts are generally voidable.

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Female Young Persons in Clubs

Under certain circumstances, a female young person between 15 and 18 years old can work in a club not managed by her parent/guardian if she receives approval from the Director-General.

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Children and Young Persons (Employment) Act 1966

This act outlines the rights of minors within employment contracts, ensuring they can enforce their legal rights.

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Contracts Act 1950

This Act determines the legal capacity of individuals to enter into contracts, including those who lack the mental capacity to do so.

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Void ab initio Contract (Minor)

A minor's contract is considered void from the beginning, meaning it is not legally binding and cannot be enforced.

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Section 69 - Necessities

A person can be reimbursed for providing necessary goods or services to someone incapable of making contracts, like a minor, if those items were essential for their well-being.

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Mohori Bibee v Dharmodas Ghose

The court ruled that a minor's mortgage agreement was invalid because it was made while he was a minor, and the lender could not claim reimbursement.

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Leha bte Jusoh v Awang Johari bin Hashim

This case affirmed that a minor who received land through an invalid contract must return the purchase price, emphasizing the importance of protecting minors.

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Conditions for Section 69 - Necessities

Section 69 applies only if the goods or services supplied are necessary for the minor and suitable for their social and financial circumstances.

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Ornamental items - Not Necessities

Items like jewelry, while nice, are not considered essential for a minor's life and well-being, so wouldn't qualify under Section 69.

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Luxurious Items - Not Necessities

Items considered luxurious for a minor based on their specific circumstances, such as expensive clothes for someone with limited means, usually don't fall under necessities.

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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 dictates the criteria for competency.
  • Section 10 stipulates that all agreements made by competent parties are contracts.
  • Section 11 outlines the criteria for competency to contract:
    • Being of the age of majority according to the applicable law.
    • Possessing a sound mind.
    • Not being legally disqualified from contracting due to other laws.

Age of Majority

  • The Age of Majority Act 1971 defines the age of majority in Malaysia as 18 years.
  • Individuals under 18 are considered minors.
  • Contracts entered into by minors are void ab initio (from the beginning).
  • This is stipulated in Sections 10 and 11 of the Contracts Act 1950.

Marriage Contracts

  • The general rule concerning the age of majority doesn't apply to marriage contracts.
  • The Law Reform (Marriage and Divorce) Act 1976 dictates that a marriage in Malaysia is invalid if either party is below 18 years old.
  • Certain exceptions allow marriage for individuals below 18; special permission from the Chief Minister may apply to girls aged 16-18.
  • Case precedence demonstrates that marriage contracts entered into by minors can be upheld and valid.

Scholarship Contracts

  • Section 4(a) of the Contracts (Amendment) Act 1976 states that scholarship agreements with minors are valid.

Employment Contracts

  • The Children and Young Persons (Employment) Act 1966 governs employment contracts involving children and young persons.
  • Defines "child" (under 15) and "young person" (15-18).
  • Section 2(2) outlines permissible employment for children, often within family businesses, light work, within specific conditions and Government-approved activities.
  • Section 2(3) outlines permissible employment for young persons, broadening the possibilities to include areas like offices, hotels, factories, etc.

Sound Mind

  • Section 12 of the Contracts Act 1950 defines a "sound mind" for contracting purposes.
  • A person has a sound mind if they understand the contract's terms and implication and rationally judge their interests.
  • General rules distinguish between a person usually of unsound mind (unable to contract) and a person occasionally of unsound mind (able to contract when of sound mind)

Remedies for Minors or Persons of Unsound Mind

  • Specific Relief Act 1950 allows courts to order compensation
  • Courts use discretion for minor's cases, considering the unique circumstances of each case, including possible breaches in fiduciary obligations.
  • Section 66 of the Contracts Act 1950 compels restitution of benefits received by any party upon discovering that a contract was void.

Misrepresentation of Age

  • Section 115 of the Evidence Act 1950 highlights the issue of intentional misrepresentation.
  • Minors are considered exceptions to Section 115 of the Evidence Act 1950.
  • Even when minors misrepresent their age, they can still declare their true age and use it as a legal defense.
  • The courts prioritize protecting minors and usually permit them to declare their minority to avoid contracts entered into due to prior misrepresentation.
  • Case precedence clarifies that a minor cannot be held liable for misrepresenting their age to induce a contract.

Necessaries

  • Section 69 of the Contracts Act 1950 addresses necessaries supplied to minors.
  • A person who provides necessaries to a minor can claim reimbursement from the minor's estate.
  • "Necessaries" are goods or services essential for the minor's life and well-being. This is determined based on the minor's social and economic condition.

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Related Documents

Capacity Notes PDF - Contracts Act 1950 - Malaysia

Description

This quiz explores the legal definition of 'necessaries' in contracts involving minors. It also examines under what circumstances education or training may be considered a necessary for a minor. Review the essential elements of contract law as it pertains to youth.

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