misrepresenation of age by minor
Misrepresentation Of Age:
Where an infant has falsely misrepresented himself of his full age and thereby induced a person to contract with him, no action could be maintained against the infant and he could also plea infancy to avoid the contract .
Misrepresentation of age by a minor case :
Mohamed Syedol Ariffin v Yeoh Ooi Gark (1916) 2 ac 575
The plaintiff sued the defendant on an agreement. The defendant pleaded infancy in her defence
The plaintiff argued that the defendant is estopped from so pleading because she has represented herself as being of full age. The high court in Selangor found as of that there was no such representation. It further held that even if an infant had falsely misrepresented herself to be a major and had thereby induced a person to enter into a contract, she is not estopped from pleading her infancy to avoid the contract
Missrepresentation case in capacity of contract:
With v O'Flanagan [1936] Ch 575
During the course of negotiations for the sale of a medical practice, the vendor made representations to the purchaser that it was worth £2000 a year. By the time when the contract was signed, they were untrue. The value of the practice had declined in the meantime (to £250) because of the vendor's inability to attend to it through illness. Lord Wright MR quoted:
"So again, if a statement has been made which is true at the time, but which during the course of negotiations becomes untrue, then the person who knows that it has become untrue is under an obligation to disclose to the other the change of circumstances."
What Constitutes Maturity?
Think about the months leading up to your 18th birthday. Do you remember being excited to finally be an adult? What were you most excited for: getting to vote? Not having a curfew? How about the ability to enter into a legal contract? It's likely that contracts aren't on the minds of most soon-to-be 18-year-olds, but the age of 18 actually makes a difference.
In legal terms,
Where an infant has falsely misrepresented himself of his full age and thereby induced a person to contract with him, no action could be maintained against the infant and he could also plea infancy to avoid the contract .
Misrepresentation of age by a minor case :
Mohamed Syedol Ariffin v Yeoh Ooi Gark (1916) 2 ac 575
The plaintiff sued the defendant on an agreement. The defendant pleaded infancy in her defence
The plaintiff argued that the defendant is estopped from so pleading because she has represented herself as being of full age. The high court in Selangor found as of that there was no such representation. It further held that even if an infant had falsely misrepresented herself to be a major and had thereby induced a person to enter into a contract, she is not estopped from pleading her infancy to avoid the contract
Missrepresentation case in capacity of contract:
With v O'Flanagan [1936] Ch 575
During the course of negotiations for the sale of a medical practice, the vendor made representations to the purchaser that it was worth £2000 a year. By the time when the contract was signed, they were untrue. The value of the practice had declined in the meantime (to £250) because of the vendor's inability to attend to it through illness. Lord Wright MR quoted:
"So again, if a statement has been made which is true at the time, but which during the course of negotiations becomes untrue, then the person who knows that it has become untrue is under an obligation to disclose to the other the change of circumstances."
What Constitutes Maturity?
Think about the months leading up to your 18th birthday. Do you remember being excited to finally be an adult? What were you most excited for: getting to vote? Not having a curfew? How about the ability to enter into a legal contract? It's likely that contracts aren't on the minds of most soon-to-be 18-year-olds, but the age of 18 actually makes a difference.
In legal terms,