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evonneadams 29-07-2011 11:00 AM

SECTION 6 CAPACITY TO CONTRACT

Minors

8.6.1 Under Singapore common law, a minor is a person under the age of 21. The validity of contracts entered into by minors is governed by the common law, as modified by the Minors’ Contracts Act (Cap 389, 1994 Rev Ed).

Contracts with Minors

8.6.2 As a general rule, contracts are not enforceable against minors. However, where a minor has been supplied with necessaries (ie goods or services suitable for the maintenance of the station in life of the minor concerned: see also s 3(3), Sale of Goods Act (Cap 393, 1999 Rev Ed)), the minor must pay for them. Contracts of service which are, on the whole, for the minor’s benefit are also valid. The minor is also bound by certain types of contracts (ie contracts concerning land or shares in companies, partnership contracts and marriage settlements), unless the minor repudiates the contract before attaining majority at age 21 or within a reasonable time thereafter.

Minors’ Contracts Act

8.6.3 Under s 2 of the Minors’ Contracts Act, a guarantee given in respect of a minor’s contract, which may not be enforceable against the minor, is nevertheless enforceable against the guarantor. Section 3(1) of the Minors’ Contracts Act empowers the court to order restitution against the minor if it is just and equitable to do so.

Hey, so this means, i really dont have to pay right?

Unregistered 29-07-2011 12:05 PM

It's not enforceable. That's why you see scholarship recipients need to have guarantors to sign the contract with the government.

What did your boss say? If he does anything illegal such as preventing you from leaving the office, report him to the police.

Or you can simply disappear after collecting the next pay cheque. If you wanna be polite, inform him by email or phone, and tell him you know the law better than he does.

Unregistered 29-07-2011 12:09 PM

How much is the amount?

If he harass you, you can report him. If he sues you, he doesn't have a case. If he fakes something bad about you, you can sue him.

It all depends on how far you wanna take this.

Best is to talk nicely to him and tell him nicely he doesn't have a case.

daisyduck 18-10-2011 11:25 AM

How's everything now? I'm 20 years old too and I signed an employment contract with recruitment agency. Am I able to get with it? I read up common law and it says that age between 18-20, when they signed a contract, they are enforceable as if they were of full age.

Any advice? :(

Unregistered 18-10-2011 03:53 PM

Quote:

Originally Posted by evonneadams (Post 14485)

-there is no career advancement because the only person i can take over is my boss.
-I'm not ill-treated, just that i signed up to be a marketing coordinator. but im doing dispatch services, courier services, administrative work almost all the time. i did not sign up for that.
-exposure wise, NONE. there's nothing theyre exposing me to.

of course i dont want to be fired cos it's a bad way of getting out of a company.
but the thing is now that im 20 years old. am i still considered a minor to sign a contract? i really do need help in this. ):

Even if you manage to get out of the contract with that <21 years old clause, your next job will not be any better because you have totally unrealistic expectations. The problem is you, not the company.

Think about it, even fresh 25 year old university graduates start off in MNCs doing such basic admin stuff, what exactly were you looking for as a 20 year old market co-ordinator? That somebody is going to start having a strategic marketing discussion on global perspectives with you? When I left NUS many years ago and join a MNC as a supply chain executive, about the only thing I was doing for the first few years is calling all the different parties to arrange meetings, chasing them to pay up, deliver materials and filling in all sorts of customs forms.

The career excuse is even dumber. The contract only 2 years, most people will only get their promotion in 2nd or 3rd year of working, you cannot even wait for 2 years get some exp before switching jobs? So you are looking for someone to promote you ever year?


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