Question
DorenYao, is a secondary school student who is currently studying at Sekolah Kebangsaan Bukit Pandai, Selangor. She will turn 18 years old in six months
DorenYao, is a secondary school student who is currently studying at Sekolah Kebangsaan Bukit Pandai, Selangor. She will turn 18 years old in six months from now. She likes to sing and always dreamsto be a famoussinger. In orderto achieve her ambition,she joined a singing competition called "Now every Malaysian could sing!". This singing competition has produced many famous and well known Malaysian international singers. The organiser, namely "Syarikat Cerdik Singing Sdn. Bhd." will choose the best five contestants only who will try to beat each other by performing several songs over a month and getting the most votesfrom the audience. The vote may come from social media, namely Facebook, Instagram, WeChat, Line, and even Whatsapp service. The rules of the competition stated that participants had to be at least 18 years old and the participant with the most votes during this onemonth competition would win two yearsrecording contract with Malaysia Ali Recording ("MAR"), one of the biggest recording companies in Asia. The winner will have a great chance to represent Malaysia to perform in abroad too. In order to attend the audition for this singing competition, DorenYao misrepresented herself to be 19 years old. DorenYao performed well and was successful picked to be among the top five final contestants. As such, the organiser required DorenYao to sign a contract where she agreed to attend and perform at the competition for one month, in which she has to sing one new song each week. In order to attract the audience and to get more votes, DorenYao then ordered five exclusive gowns from "Kay Gowns Sdn. Bhd." to be made for her to wear for her performance. Each new gown was to be delivered a day before each performance at "Dewan Wawasan Malaysia" and payment was to be made once all five gowns were delivered. She also signed up for some singing lessons from "Cerdik Nyanyi School", to get some training from the expert before the competition started. The singing lessons were paid by postdated cheque, which bounced subsequently. In order to insure her voice, DorenYao also bought an insurance from "Selamat Insurance Sdn. Bhd." to insure her voice and in case her voice cord is injured, she will seek the compensation from the insurance company. Two weeksinto the competition, however, the organiser discovered DorenYao'strue age after they received the report from background check of each participants. They immediately terminated the contract and forced DorenYao to leave the competition. DorenYao is unhappy as she had been receiving the highest votes so far. She also refused to pay to "Kay Gowns Sdn. Bhd." for the gowns and she claimed that she had no use for the gowns. "Kay Gowns Sdn. Bhd." and "Cerdik Nyanyi School" now wish to sue DorenYao. Meanwhile, DorenYao also wishes to know if she can sue the organiser for a breach of contract as she had signed contract when she was pretending to be 19 years old, so the contract should be valid. A week later, DorenYao lost her voice due to hot weather. DorenYao wishes to claim the compensation from "Selamat Insurance Sdn. Bhd.". EMLS5103/MAY 2022 Advise all parties concerned as to their rights and liabilities. What are the remedies available to all parties concerned? Will your answers being different if DorenYao has reached 18 years old when the abovementioned events occurred? Assuming that DorenYao has a right to sue the organiser, which court in Malaysia has a jurisdiction to hear the case filed by DorenYao? Kindly state the civil and criminal jurisdictions of the said court, if any. What could be the best option for DorenYao ifshe would like to settle the matter out of court? Elaborate this option for DorenYao.
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