However, there are certain statutory exceptions to the rule that all contracts entered into by minors are void. These exceptions are found in the Age of Majority Act 1971 Contracts(Amendment) Act 1976, relating to scholarship agreements, and the Children and Young Persons(Employment) Act 1966.
What is minor? Minor is a person who has not reached the age of majority which is 18 years as provided in the Age of Majority Act 1971 where Subject to section 4, the minority of all males and females shall cease and determine within Malaysia at the age of eighteen years and every such male and female attaining that age shall be of the age of majority.The general presumption is that a person must have contractual capacity. Such a protection is given because minors are presumed to have as they are young and they could be taken advantage of , thus the need for statutory protection.
However there are situations where in which the minor will be held accountable for contracts made in exceptional situations and it will be binding on the person executing such a contract even though he may not meet the legal requirements. The general rule is that persons entering into a contract must have contractual capacity.Section 10 Contracts Act states that ‘all agreements are contracts if they are made by the free consent of the parties competent to contract.
And Sect 11 Contracts Act also states that “ 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 a sound mind and is not disqualified from contracting by any law to which he is subject.
The law places some limitations on minors, insane persons and bankrupts. Under the Age of Majority Act a minor is a person who is below 18 years of age. Example in