Assignment LAW 438/419

Question 2

1. Issue

Whether the agreement entered between Zairil and Culinary Academy Sabah is valid or not.

2. Law.

The relevant law that can be refer under law of contract. As for an agreement to be valid it must

fulfill all the element is contract which are :-

1) Offer

2) Acceptance

3) Consideration

4) Intention to create legal relation

5) Certainty

6) Capacity

As for this case, the relevant element to be discuss in under capacity. Under sec 11, under

contract act it was stated that the parties into a contract must be 18 years old and above. Under

sec 12 of the contract act it further explain that the parties must be sound mind and who is not

disqualified or bankrupt person.

However, there are certain exception where minor can enter into a contract such as contract of

necessity, contract of marriage, contract for scholarship, contract for insurance and contract for

apprenticeship.

In the case of government of Malaysia vs Gurchan Sigh it was stated that education is a

necessary. Then under sec 4 (a) it was stated that agreement for scholarship enter by minor is

valid.

3. Application.

By applying the law above it can see that Zairil aged 17 is a minor. He enter into contract of

sponsorship with Culinary Academy Sabah for his study at UiTM. Further than that, this agreement it

for education purpose and a scholarship agreement. So the agreement between Zairil and
Culinary Academy Sabah is enforceable .

4. Conclusion.

As for conclusion, it can be advise that the agreement between Zairil and Culinary Academy

Sabah is valid even though Zairil is minor.