Government of Malaysia V. Gurcharan Singh & Ors Case Review

Topics: Contract, Common law, Legal terms Pages: 3 (773 words) Published: May 9, 2013
This case is about the government of Malaysia as the plaintiff whom had sued Gurcharan Singh the first defendant whom is a promisor of a contract and ORS as the second and third defendant whom act as the sureties of the contract for breaching the contract made between them. The contract is about the government of Malaysia providing the first defendant a scholarship for his study at Malayan Teacher’s Training Institution with an agreement that the first defendant will serve the government in consideration for being trained as a teacher. The duration of the contract is 5 years while the first defendant only served the government for 3 years 10 months only. However during the time the contract was made, the first defendant was in a minor state. The claim for the compensation for this case is $11,500. ISSUES

There are three issues evolved in this case, these are:
1) Whether the contract made between them is a valid contract? 2) Whether the first defendant is liable on the claim for necessaries? 3) Whether the amount claimed or payable for compensation is reasonable and accepted regarding the case? DECISIONS

The contract entered into by the first defendant was a void contract as he was an infant at the relevant time. Thus the principal debtor was not held liable and consequently the second and third defendants whom were the sureties of the contract also were not held liable. However, due to the exception on necessaries claim, the first defendant was therefore liable for the repayment of the sum expended for his education and training as being expended on necessaries. The amount of damages payable in this case must be based on repayment of the proportion of the actual sum expended based on the completed months of service and in the circumstances judgment would be given for the plaintiff against the defendants for $2,683. PRINCIPLES

VALIDITY OF CONTRACT (MINOR): In order for a contract to be valid, the participants of the contracts must possess the legal...
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