John was a minor who lived with his mother and stepfather; not his guardian (his father -David). John had been working as a clerk and was financially independent. While he was living with his mother, he was contributing towards his accommodation costs. John's guardian did not exercise any control over him and allowed him to live as a major. John opened a bank account unassisted by his guardian and later drew a cheque in favour of a third party Sam, which was dishonoured.

Answer the questions that follow.

3.1 Discuss the definition and contractual capacity of a minor. [5marks]

3.2 A minor can be emancipated by court or through tacit emancipation discuss the distinction. [2 marks]

3.3 With full reference to the facts above case advice Sam fully on his legal rights should he choose to recover his money from John (Refer to relevant case law)? [3 marks]

Refer to all relevant sources of law -including case law, common law, and statutory principles.