Appellant was ordered to return the payment under s66 However contrast that

Appellant was ordered to return the payment under s66

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contract made. Appellant was ordered to return the payment under s.66. However, contrast that with … Mohori Bibee v Dharmodas Ghose [1903] 1 LR 30 Cal 539, [1903] 30 LR IA 114 s.65 (in pari materia with s.66 Contract Act ) Cannot be used for a void ab initio contract S.65 is on the basis that there was an agreement and has no application to a case in which there never was, and never could have been, a contract
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Capacity 169 “When an agreement is discovered to be void, or when a contract becomes void ..”
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iii. S.69 Contracts Act 1950 Capacity 170 If a person, incapable of entering into a contract is supplied by another person with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed from the property of such incapable person. In short: if you supplies necessaries to a minor, you can claim payment Two aspects required: (a) Necessaries (b) Suited to his condition in life
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(a) ‘Necessaries’ Capacity 171 Government of Malaysia v Gurcharan Singh & Ors [1971] “necessaries” must be construed broadly in any decision involving whether what are supplied are or are not necessaries, it is incumbent to have regard to the facts of the case, the conditions and circumstances in which the supply was made and the purpose which is served Chapple v Cooper “ … where it is necessary for him to have the things … or … plainly and unequivocally for his benefit”
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(b) ‘Suitable for his condition in life’ Capacity 172 Chapple v Cooper “the subject-matter and extent of the contract may vary according to the state and condition of the infant himself. His clothes may be fine or coarse according to his rank; his education may vary according to the station he is to fill; and the medicines will depend on the illness with which he is afflicted, and the extent of his probable means when of age.
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Miscellaneous Capacity 173 1. ‘On behalf of’ Sri Kakulam Subramanyam v Rurra Subba Rao AIR [1948] PC 95, India A contract entered on behalf of a minor is valid only if: Guardian is legally capable of entering a contract on his behalf Contract is for the minor’s benefit 2. Minor who lied about his age S.115 Evidence Act you are bound by the statement you made Not applicable to minor who lied about age Natesan v Thanaletchumi & Anor [1953] MLJ 1 Thus, contract still void ab initio
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The End Note: These are SHORT lecture notes Explanations were given during lectures Students are still required to read up cases and text books
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