Minor’s Capacity to Contract in Malaysia: Issues and Challenges
Journal Title: International Journal of Academic Research in Business and Social Sciences - Year 2018, Vol 8, Issue 12
Abstract
Background: Generally, every person is competent to enter into a contract. The law, however, places limitations upon the capacity of certain persons to make a binding contract. These persons include minors. The Contracts Act 1950 does not stipulate the effect of an agreement entered into by a minor and from the decided cases show that all contracts entered into by a minor is void and a minor cannot sue or be sued under such contract. Objective: This article is aimed to discuss the effect of minor’s contract in the case of minor’s false representation of age and exceptions to the general rule on capacity to contract. Results: Everyone is capable of entering into a contract, but a minor is in need of legal protection because of their age incapable to appreciate their own actions. Conclusion: Some recommendations and solutions to improve the law in order to curb a problem rose in the minor’s contract.
Authors and Affiliations
Noraida Harun, Asiah Bidin, Kamaliah Salleh, Noor ‘Ashikin Hamid
Keywords
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- EP ID EP594338
- DOI 10.6007/IJARBSS/v8-i12/5257
- Views 41
- Downloads 0
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