Sorry for the very late update.
Now, I would like to reflect on part in contract law which is the element of capacity.
The law in our country held, when a minority enters into a contract the contract will be void whereas the benefits that a minor gains will not have to be return to the adult.
For me, I think it's very bias towards the minors. Maybe in the past, the law was meant to protect minors from frauds or coercion from adults in entering a contract but nowadays things had changed. Nowadays minors are way cleverer compare with the minors 20 years back.Their way of thinking and learning is way more faster even if compare to the adults right now.
Their were some cases whereby the minors itself represented themselves as 21 years although they are just 18 years old. This was actually a fraud by the minors but the verdict was always one their side. So, I don't think it is fair towards the adults who get cheated by them.
The law itself must be flexible,so I felt that Malaysian Judges shouldn't just be holding the same precedent since the situation had changed. They should be looking the problem in 2 direction even though the minors are still young but when they are able to cheat, I think a different verdict should be held. Thanks.
Monday, August 31, 2009
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