As a professional, I understand the importance of keyword research and crafting informative and engaging articles that appeal to both readers and search engines. In this article, I will explore the concept of minor capacity to contract in Malaysia.
In Malaysia, minors under the age of 18 are considered to have a limited legal capacity to contract. This means that they are not fully responsible for their actions and may not be held accountable for contracts they enter into unless certain conditions are met.
According to Section 11 of the Malaysian Contracts Act 1950, a contract with a minor is voidable at the option of the minor. This means that while the contract may be valid on its face, the minor has the right to reject it and walk away from it without any legal consequences.
However, there are exceptions to this rule. If the contract is for the benefit of the minor, such as a contract for education or medical treatment, it will be binding on them even if they are under 18. Similarly, if the minor has misrepresented their age or acted fraudulently, they may be held liable for the contract.
It is important to note that the law in Malaysia does not allow minors to enter into contracts for certain types of goods and services, such as alcohol, gambling, and cigarettes. These contracts are considered to be against public policy and are therefore void and unenforceable.
In order to protect minors from being taken advantage of by unscrupulous individuals, the Malaysian legal system places certain restrictions on contracts involving minors. For example, contracts with minors must be in writing and must clearly state that the minor is a party to the contract.
In conclusion, while minors in Malaysia have a limited legal capacity to contract, there are exceptions to this rule. The law recognizes that minors are vulnerable and seeks to protect them from exploitation while still allowing for contracts that are beneficial to them. It is important for individuals and businesses to understand the limitations of contracting with minors in Malaysia and to ensure that any contracts entered into are legal and enforceable.