Is it legal for PTPTN to sign a contract with a 17-year old?

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asked on Jun 17, 2016 at 22:16
by   cybercyed
edited on Jun 20, 2016 at 03:58
I would like to know if my contract with Perbadanan Tabung Pendidikan Tinggi Nasional (PTPTN) is voidable if I signed it when I was 17 years old?
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answered on Jun 18, 2016 at 02:16
by   kiki
edited Jun 20, 2016 at 03:59
* Malaysia citizen
* Age below 45 years old
* Programme duration must be more than 1 year (Degree Level 3 student are not eligible to apply)
* Registered and started the intake
* Loan is not provided for Foundation Programme
* Loan is only available for FULL TIME programme
As the rules and regulations of PTPTN states that age is below 45 years old, then it can go down even younger than when you sign it at 17 years old.
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answered on Jul 3, 2016 at 17:15
by   vkpc
By law, any contract signed by a minor cannot be enforced in Court
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answered on Jul 7, 2016 at 18:05
by   eileen
By law, any contract signed by a minor cannot be enforced in Court, unless falls under exception, one of the exception is necessities.

Necessaries are things which are essential to the existence and reasonable comfort of a minor and would include items such as food, lodging, clothing, medicine and medical care, and basic education and vocational training.
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answered on Jul 13, 2016 at 04:13
by   Sam Chong
edited Jul 20, 2016 at 18:04

A person will attain majority when reaching 18 as per Age of Majority Act 1971

It has been seen that minors are a class of people who require protection from the consequences of being immature. This developed to the common law principle that as a general rule any contract entered into by a minor is not binding unless it falls within the recognised category of exceptions.

Under the Act - contracts entered into by a minor person is void and not merely voidable.
Cases: Tan Hee Juan v Teh Boon Keat (1934) MLJ 96 HC ; Government of Malaysia v Gurcharan Singh & Ors (1971) 1 MLJ 211 HC ; Leha Binte Jusoh v Awang Johari bin Hashim (1978) 1 MLJ 202, FC


Contracts for necessaries
S69 - suppliers of necessaries are to be reimbursed. Meaning to say if a minor contracted for necessaries (food, lodging, clothes), such contracts are not void. However, the Act does not define necessaries. Hence the judicial pronouncements in Gurcharan's case could be followed. Necessaries were to be defined broadly and not limited to goods and could include scholarships to pursue studies. Today, l;aw related to scholarships have been amended - S 4a & 5 Contracts (Amendment) Act 1976.
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answered on Aug 15, 2018 at 12:51
by   Keke
It is voidable but education falls under 'necessary'. So you will be legally bound by the contract. 
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answered on Oct 9, 2018 at 14:01
by   Jack1
What is your intention? If your looking to asking paying, even if you set the contract aside, you need to restitute the contact - eg pay back what you have enriched?
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