1845, provides that minority
le age le Court's jurisdiction.
-
that is, being under 21 years of
is no defence to civil claims which are within the District
As Members will be aware, the position at common law is that contracts with minors cannot, with certain
The repeal of section 46 would restore that common law position in the District Court and would be in accordance with one of the recommendations in the
axceptions, be enforced against them.
•
Report of The Law Reform Commission be song kong in its Report o
'Young Persons
Effects of Age in Civil Law'.
However, the Commission also made certain other recommendations regarding the position of minors in the law of contract; notably that the age of majority for contractual purposes should be reduced from 21 to 18. This recommendation has been accepted in principle by the Government and work is in hand to implement it.
that
Ro
lo.
In view of this, the Government considers/it would be better not to proceed with the repeal of section 46 at present but instead to implement both resemmendations together in due course. As regards the 18 to 21 year-old age group, which is for these purposes the most important because they are the most economically active of those affected, the effect of proceeding with the repeal of section 46 now would be to confer exemption from liability but then take it away again within the next 12 months or so when the Report's recommendation about age of majority is implemented. To change the law on such an important point twice in such a short time would create uncertainty and confusion.
But
le
However, if section 46 is neither repealed nor amended its scope will increase with the increase which the pill effects in the District fourt'a jurisdiction, so that in future it would This would be apply in cases up to $120,000 instead of $60,000.
a move in a direction contrary to that already decided upon for the under-18 age group.
The Government therefore propose that
t
X
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