Johnty, a minor (15 years of age), entered into an apprenticeship contract for three years, which required
Question:
Johnty, a minor (15 years of age), entered into an apprenticeship contract for three years, which required him to train for 8 hours a day and five days a week and perform in shows arranged by the trainer. Johnty could participate in other shows if the timings of other shows do not clash with the performances arranged by the trainer. In return, the trainer promised to provide Johnty with room and board plus $250 per week as a stipend and $150 for each performance as well. The trainer had an option to renew the contract for another three years. When Johnty turned 16, he missed some training lessons and performances arranged by the trainer because of some other shows which were in the clash, and also because of his part-time position in a restaurant. Trainer sued him for breach of contract of service.
Required:
Advise Johnty whether his trainer is likely to succeed in suing him for the breach of contract or would Johnty be allowed to take the benefit of his minority? Justify your answer by giving legal reasoning and mention at least one precedent to support your answer. (Jurisdiction of VIC applies)