COMM 315 Lecture Notes - Lecture 1: Lesion, Affidavit, Specific Performance
2 Feb 2017
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[1398] only lps capable of binding themselves may consent to contract. Everyone allowed to contract for basic necessities of life . Capacity determined by age, but: <18 can contract for sale (relative to [1406] restriction, minors 14-17 can contract for employment (some restrictions to time/length) Capacity also determined by whether under protective supervision, (classic case = [1399] consent can only be given in free and enlightened1 manner. Consent may be vitiated2 by: person. [1400] only one type of error is allowed excusable (an inexcusable error doesn"t vitiate a contract, e. g. not reading a contract is inexcusable: fear. Have to do subjective and objective test. [1403] through abusive use of power (or threat thereof: lesion. When contracting person has >> power than the other, and uses that power to impose his will takes away your freedom to act. [1405] unless specified by law, only vitiates consent for those:
