LLB 120 Lecture Notes - Lecture 9: Statute Of Frauds, Intellectual Disability, Dementia
Document Summary
Lacking contractual capacity: minors, mentally disordered. To protect them from entering legally binding contracts that they might not have been able to assess whether those contracts were in their best interests. Contracts for necessaries - a minor will be bound to pay for necessary goods e. g. food/drink unless the supplier had not expected them to sale of goods. Legislation nsw must pay the reasonable price. Contracts binding unless repudiated whilst they are still under 18 or just past they can likely still have the court rule a contract void for them being a minor. Void contracts a void contract will have no legal effect. Contracts declared void by legislation can still be ratified. Tort liability minors may be liable in tort: minors (property and contracts) act 1970 (nsw) a contract that is not within statutory provisions is not binding on the minor. E,g, intellectual disability, dementia, brain injury, mental illness
