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Certainty
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CAPACITY
(The ability to enter into a contract)
Capacity to Make a
Every
person is competent to contract
Contract
MAJORITY
Under the Age of Majority Act 1971, the age
of majority in Malaysia is 18 years. Anyone below
the age of 18 is known as a minor or an infant.
The general rule is that contracts entered into by
a minor are void.
EXCEPTIONS
Contracts
for
necessaries
S.69 CA
1950
Contracts of
Scholarship
S. 4 Contracts
(Amendment) Act
1976
Contracts of
Insurance
Insurance Act 1963
(revised) 1972
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CONTRACT OF
SCHOLARSHIP
Government of Malaysia v. Gurcharan
Singh
Fact: Government spent RM 11,500 for the
defendant for his education purpose when
he was a minor student. So, a contract
was made with the defendant. Later the
defendant refused to pay back the money.
Held: The court held that the money given
for education came under necessaries and
therefore the defendant was bound to pay
back.
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Certainty
Agreements, the meaning of which is not
of toys.
What toys? The kind and type of the toys
are not specifically mentioned. Here the
contract is uncertain and vague and
therefore void.
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Example 2
A agrees to sell to B my white horse for RM
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