The law relating to capacity of children to contract in Tanzania: the conflict between the provisions of the law of contract ordinance, cap 433 and other legislation
Loading...
Date
2002
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of Dar es Salaam
Abstract
This work sets to examine the law relating to capacity of children to contract in Tanzania. Multiplicity of age distinctions conferring to children capacity to contract for specific purposes has resulted to disharmony in different legislation. In addition, it has made it difficult to develop a suitable national policy for the protection of children in Tanzania. By providing different ages for which a person is allowed to enter into contractual arrangement, various pieces of legislation are in conflict with the Law of Contract Ordinance, Cap. 433. The international instruments do not assist much in this regard as they leave discretion to member state to determine their own standard of age of majority. It has been recommended that there is a need of designing a comprehensive legislative scheme so as to harmonise the existing conflict. There is also a need to redefine the mandate of the Law Reform Commission of Tanzania so as to give their recommendation a binding force as opposed to that one of reviewing only. The first chapter has dealt with the background and the research problem. Chapter two looks at the conflict in the laws governing capacity of children to contract in Tanzania. Chapter three discusses various international instruments dealing with children. Chapter four focuses on the viability of having a uniform law relating to capacity of children to contract in Tanzania. Chapter five comprises the key conclusions and the recommendations.
Description
Available in printed form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS FOL K1965.T34J2)
Keywords
Children, Law and legislation, Child labour, Tanzania, Law of contract
Citation
Jacob, S. (2002) The law relating to capacity of children to contract in Tanzania: the conflict between the provisions of the law of contract ordinance, cap 433 and other legislation. Master dissertation, University of Dar es Salaam. Dar es Salaam.