The husband later returned to work in sri lanka but

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The husband later returned to work in Sri Lanka, but thewife stayed back in England on doctorÊs advice. He promised her £30 a month until he returned. Later, he wrote to the wife saying that it would be better if they remained apart. The wife sued him on the promise to pay her £30 a month. The Court of Appeal held that the arrangements made between husband and wife was not a contract attended by legal consequences.The presumption that there was no intention to contract was not rebutted by the wife, Mrs. Balfour. Therefore, they were presumed to have no intention to contract. 2. LEGAL INTENTION i. All Commercial arrangement is Contract
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5 CAPACITY
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CAPACITY 1. The parties entering into a contract should be competent to contract according to the law which is subject, and of sound mind. 2. In principle, every person is qualified to contract. The question is who is competent to contract?
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SEC. 11 CONTRACT 1950 Every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law which he is subject
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According to S.11, a person who has not reached the age of majority is not competent to contract a) Contract by a Minor Except for S.10, the Contracts Act does not explain the effects of a contract made by a minor. S.10 states „all agreements are contracts if they are made by parties competent to contract. In short, every agreement made by a minor is, by S.11 of the Contracts Act 1950, not a contract
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Capacity as to Age According to the Age of Majority Act 1971, for every individual person, the age of majority is 18 years old.
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CONTRACT BY MINOR 1. Every Agreements made by a minor is not a contract Sec 11. 2. For example Ahmad, who is 13 years old, enters an electrical goods shop and purchase, on installment, a television set from Brahim. When Ahmad fails to pay the installment, Brahim sues Ahmad for breach of contract.
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MOHORI BIBEE V DHARMODAS GHOSE The Appellant in this case loan a sum of money to the respondent, who is a minor, secured on a house which was leased to the appellant. The minor through his mother applied for a court declaration that the lease was void because the minor had no capacity to contract. According to sec. 9 and sec. 10 of the Indian Contract act, which is in pari materia to Sec. 10 and Sec. 11 of The Malaysian Contract Act, a Contract by a minor was void. The Contract with the minor was void and he could not sue or be sued on any contract
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CAPACITY 1. Case Tah Hee Juan v. Teh Boon Keat Case; Tranfer Land by a minor….Hereford J. said the contract is void.
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EXCEPTION 1. There is a few exception for this element which has been given by Contract Act 1971. 2. Section 69 “ If a person, incapable of entering into a contract, or any one whom he is legally bound to support, 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”
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EXCEPTION Contract By A Minor Under Age Of Majority Act 1971 An Act allowed under any law.
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  • Fall '17
  • MR TAY
  • Court of Appeal

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