Tutorial exercise

Don, 25, has been operating a canteen in the campus of Multilevel University Cyberjaya for three years. One day he came to see you to obtain advice on his problem. You are supposed to advise him based on the law of contract that you have learned.

Don agreed with Mamat and Lim, student leaders in the Uiversity, to supply breakfast every day to their hostel room during last semester, and that the payment would be made at the end of the semester. However, the two students now refused to pay and said that the contract was not enforceable. Don found out lately that Mamat was once admitted to mental hospital few years back for some treatment, and Lim was 17during the agreement term. Don asked you if he can enforce the contract against them.

This is our tutorial exercise NO.2. I have some doubts of this question. There are two legal issues in this question. First, Lim was 17, according to Section 11 of the Contract Act that a contract entered by a minor is void unless it is for necessities, scholarship and insurance. Lim promises to supply breakfast every day. Food is a necessity. So, this can be a valid contract. Second, According to Section 11 of the Contract Act, the contract is not competent due to Mamat was once admitted to mental hospital few years back for some treatment, but she is student leader now that means she is fine. So, the contract be valid.

I have a doubt of second issue. Mamat is a student leader in University now; does this mean she is fine? Maybe, she is fine in most of times, and she also has mental problem that nobody finds it out. How can we identify mental problem, is there a standard for mental problem. Once patient leave hospital, does this mean the patient is fine. She/he will probably have mental problem again. I think that people who has mental problem is very dangerous to society.