validity of a contract entered into by a minor
Question
Hakainde Hamududu is the proprietor of a computer training school. He has one of his brightest students, Banda Tasa who has been pursuing a programming course with his school for two years. Banda Tasa being unable to pay the tuition fees charged by the college entered into a contract with Hakainde Hamududu. Terms of this contract were that, for the award of a tuition waiver for the course, Banda Tasa would work for Hakainde Hamududu for two years after graduation. During the period of instruction, Banda Tasa obtained from Nevers Chipimo a laptop computer valued at K18,000 and a gold wrist watch valued at K15,000. Nevers Chipimo has been trying for some time to get Banda Tasa to pay what he owes but without success. Banda Tasa has in the meantime completed his studies and has been offered a lucrative position with Microsoft Inc. which he has accepted.
Both Hakainde Hamududu and Nevers Chipimo come to you for advice. Nevers Chipimo informs you that Banda Tasa 's friend Elias Nawaki had informed him that he last spoke to Banda Tasa on his 18th birthday two days ago and that Banda Tasa had indicated to him that he had no intention of paying Nevers Chipimo.
Advise both Hakainde Hamududu and Nevers Chipimo.
INTRODUCTION
This paper is set to advise both Hakainde Hamududu and Nevers Chipimo on the validity of the contracts entered into with Banda Tasa. The facts of the matter at hand are that Banda Tasa who at that time was a minor entered into a contract with Hakainde Hamududu after being unable to pay the tuition fees charged by the college, whose terms where that he was to work for Hakainde Hamududu for two years after graduation, for the award of a tuition waiver for the course. In another matter, he entered into a contract with Nevers Chipimo by obtaining a laptop valued at K18, 000 and a gold wrist watch valued at K15, 000, in which he was to pay for them. With this background, the essence of this paper is to advise the
Hakainde Hamududu is the proprietor of a computer training school. He has one of his brightest students, Banda Tasa who has been pursuing a programming course with his school for two years. Banda Tasa being unable to pay the tuition fees charged by the college entered into a contract with Hakainde Hamududu. Terms of this contract were that, for the award of a tuition waiver for the course, Banda Tasa would work for Hakainde Hamududu for two years after graduation. During the period of instruction, Banda Tasa obtained from Nevers Chipimo a laptop computer valued at K18,000 and a gold wrist watch valued at K15,000. Nevers Chipimo has been trying for some time to get Banda Tasa to pay what he owes but without success. Banda Tasa has in the meantime completed his studies and has been offered a lucrative position with Microsoft Inc. which he has accepted.
Both Hakainde Hamududu and Nevers Chipimo come to you for advice. Nevers Chipimo informs you that Banda Tasa 's friend Elias Nawaki had informed him that he last spoke to Banda Tasa on his 18th birthday two days ago and that Banda Tasa had indicated to him that he had no intention of paying Nevers Chipimo.
Advise both Hakainde Hamududu and Nevers Chipimo.
INTRODUCTION
This paper is set to advise both Hakainde Hamududu and Nevers Chipimo on the validity of the contracts entered into with Banda Tasa. The facts of the matter at hand are that Banda Tasa who at that time was a minor entered into a contract with Hakainde Hamududu after being unable to pay the tuition fees charged by the college, whose terms where that he was to work for Hakainde Hamududu for two years after graduation, for the award of a tuition waiver for the course. In another matter, he entered into a contract with Nevers Chipimo by obtaining a laptop valued at K18, 000 and a gold wrist watch valued at K15, 000, in which he was to pay for them. With this background, the essence of this paper is to advise the
Bibliography: BOOKS Furmston, M.P., (2001) .Principles of Commercial Law Malila, M. (2006). Commercial Law in Zambia: Cases and Materials . UNZA Press. Lusaka. Mwenda, M.G.J., (2010). Commercial Law II. (2Ed).ZAOU Shukla, M.C., (2004) CASES Clements v London and North Western Ry Co (1894) 2 QB 482 Corpe v overton (1833) 10 Bing 252 Davies v Beynon (1931) De Francesco v Barnum (1890) 45 Ch D 430 Doyle v White City Stadium (1935) 1 KB 110 Edwards v Carter (1893) Leslie v Mercantile Union Guarantee Corporation v Ball (1937) Nash v Inman (1908) 2 KB 1, CA Peters v Fleming (1840) Roberts v Gray (1913) 1 KB 520, CA Steinberg v. Scala (Leeds) (1923)