Cheong, May Fong, Dhankar, Divyangana and Star, Shaun (2023) Legal transplantation of minors’ contracts in India and Malaysia: ‘Weak’ Watson and a ‘misfitted’ transplant. Oxford University Commonwealth Law Journal. ISSN 1472-9342 (In Press)
Legal transplantation of minors contracts in India and Malaysia Weak Watson and a misfitted transplant.pdf - Published Version
Restricted to Registered users only
Download (2MB) | Request a copy
Abstract
While contracts by minors are generally voidable in most common law jurisdictions, the apex court in India and in Malaysia has each held that such contracts are void ab initio, following a century-old Privy Council decision in Mohori Bibee (1903) 30 ILR Cal 539. This article explores minors’ contracts through the lens of legal transplant—viewing transplanted laws on a continuum, from a ‘Strong Watson’ perspective where English common law was adopted by the Indian courts, to a ‘Weak Watson’ position following the Privy Council’s interpretation of the law in the Indian Contract Act 1872. The authors conclude that the current Weak Watson transplant of laws on minors’ contracts is a ‘misfitted’ transplant which is neither consistent with the original intent of the transplanted law nor fit for purpose in a modern context. Given minors’ inability to enter into contracts or seek remedies, urgent legislative reform or judicial reinterpretation is required in India and Malaysia.
Item Type: | Article |
---|---|
Keywords: | Legal Transplant | England | India | Malaysia | Minors | Contracts |
Subjects: | Social Sciences and humanities > Social Sciences > Law and Legal Studies |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Amees Mohammad |
Date Deposited: | 20 Apr 2023 04:17 |
Last Modified: | 20 Apr 2023 04:17 |
Official URL: | https://doi.org/10.1080/14729342.2023.2189359 |
URI: | https://pure.jgu.edu.in/id/eprint/5844 |
Downloads
Downloads per month over past year