Capacity To Contract. DR . ZAHIRA BT. MOHD. ISHAN JPP, FEP. Situation 1. X aged 12 borrowed some money from Y, a moneylender, and a promissory note for that purpose. Whether X was bound to return the money to Y?. Situation 2. Xi aged 12 went to Yi’s shop and bought 1 kg of flour on credit.
DR. ZAHIRA BT. MOHD. ISHAN
Whether X was bound to return the money to Y?
~used the flour to play games with his friends ;
~ Xi’s mother requested Xi to buy the flour;
~ Xi is a married person and bought the flour for his family needs.
Consider Xi’s liability under the law of contract.
s. 11: “…age of majority according to the law which he is subject…”
~will not affect:
a) the capacity of any person to act in marriage, divorce, dower & adoption;
(b) the religion and religious rites and usages of any class of persons within Malaysia;
(c) any provision in any other written law contained fixing the age of majority for the purposes of that written law (S.4 AMA )
Nash v Inman ; Ryder v Wombwell;
GOM v Gurcharan Singh
De Francesco v Barnum; Doyle v White City Stadium; Chaplin v Leslie Frewin (Publishers), Ltd
(1) Notwithstanding any law to the contrary, a minor who has attained the age of ten years but has not attained the age of sixteen years, with the consent in writing of his parent or guardian—
(2) A minor who has attained the age of sixteen years—
~Jennings v Rundall(1799): minor hired a mare to ride & injured her by over riding. Held: not liable because its an action arising out of contract, not of tort.
~Fawcett v Smethurst(1914): minor hired a car to take his luggage from station not liable in tort if he used the car to drive several miles further from the station, & there met with an accident.
~Burnand v Haggis (1863): “one cannot make an infant liable for the breach of a contract by changing the form of action to one ex delicto”.
Burnand v Haggis: D minor hired a mare for riding. He was given strict instructions ‘not to jump or lark with her’. He lent her to a friend who jumped & killed her. Held: the minor was liable as riding the mare into the place that killed her was as much a trespass, notwithstanding the hiring for another purpose as if without hiring at all the D had gone to a field & taken the mare out & hunted her & killed her. It was a bare trespass, not within the object & purpose of hiring.
~ R. Leslie v Shiell: minor obtains loan by falsely representing his age cannot be made to repay the amount in the form of damages for deceit.
Mohamed SyedolAriffin v YeohOoiGark  LR 2 AC 575.
Natesan v K. Thanaletchumi & Anor: 1st D signed an agreement while still a minor.. “[E]ven if the 1st defendant had induced the plaintiff to enter into the the agreement with her and the 2nd defendant by falsely representing that she was of full age she is not estopped from avoiding the agreement by pleading her minority”
i- bankrupt person
iii- unincorporated association