IRE430H1 Chapter 7: The Requirements of an Employment Contract
28 May 2020
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Document Summary
Ire430 chapter 7: the requirements of an employment contract. Anyone who is recognized within the common law regime as having the legal capacity to contract can enter into an employment contract. Some people lack the mental capacity to fully understand what they are agreeing to, which is inconsistent with freedom of contract insofar as parties must be able to rationally assess the contract"s benefits and risks. The common law has developed tests to ensure that parties meet the legal capacity to contract. Necessity for parties to have the intention to enter into a legally enforceable contract. Courts have not ruled contracts with infants or a mentally impaired person to be unenforceable. In the case of children under the age of 18, the courts begin with the assumption that the contract is avoid. However, exceptions have been recognized in which employment contracts with infants are enforceable. Most important exception relates to contracts that overall are for the benefit of the infant.
