Contracts of minors who have attained 18 years of age
35.—(1) Except as otherwise provided by this section or by any other written law, as from 1 March 2009, a contract entered into by a minor who has attained the age of 18 years shall have effect as if he were of full age.
[7/2009]
(2) Where a minor has, on 1 March 2009, already attained the age of 18 years, subsection (1) shall apply to him and to contracts entered into by him on and after that day.
[7/2009]
(3) Subsection (1) shall not affect or alter —
(a)
a minor’s lack of capacity to enter into contracts arising from reasons other than because of his age; or
(b)
the application of any provision in any other written law stipulating a requirement as to the attainment of a particular age for the purposes of that written law.
[7/2009]
(4) The following contracts, if entered into by a minor who has attained the age of 18 years, shall not, by virtue of subsection (1), have effect as if he were of full age:
(a)
any contract for the sale, purchase, mortgage, assignment or settlement of any land, other than a contract for a lease of land not exceeding 3 years;
(b)
any contract for a lease of land for more than 3 years;
(c)
any contract whereby the minor’s beneficial interest under a trust is sold or otherwise transferred to another person, or pledged as a collateral for any purpose;
(d)
any contract for the settlement of —
(i)
any legal proceedings or action in respect of which the minor is, pursuant to any written law, considered to be a person under disability on account of his age; or
(ii)
any claim from which any such legal proceedings or action may arise.
[7/2009]
(5) Subsection (1) does not entitle —
(a)
a trustee to pay money or deliver property to a minor who has attained the age of 18 years otherwise than in accordance with the terms of the trust; or
(b)
a minor who has attained the age of 18 years to enter into a contract whereby a trust is extinguished or the terms of a trust are varied, and any such contract entered into by the minor shall not, by virtue of that subsection, have effect as if the minor were of full age.
[7/2009]
(6) Nothing in this section shall apply to or affect any contract that was made before 1 March 2009, and the law in force immediately before that day shall continue to apply in relation to such a contract as if this section had not been enacted.
[7/2009]
(7) Nothing in this section shall limit or affect the rule of law whereby a minor is not liable in tort for procuring a contract by means of fraudulent representations as to his own age or any other matter.