LAW 122 Lecture 9: LAW122 Week 9 Ch10-12
1 Dec 2016
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Contractual defects are particularly significant because they often provide one of the parties with a defence when the other party commences a lawsuit. This chapter we survey 5 different contractual defects and their legal consequences: There are groups with limited power to give consent: Intoxicated persons: minors, mentally incapacitated persons, corporations, associations, public authorities. Personal incapacity: minors: people who have not reached the age of majority. The age of majority is the age at which a person is held fully accountable in law. O(cid:373)e (cid:272)o(cid:374)t(cid:396)a(cid:272)ts a(cid:396)e (cid:448)oida(cid:271)le at the (cid:373)i(cid:374)o(cid:396)"s optio(cid:374) Contracts are either void= unenforceable (ex: declared mentally incapacitated, statutory corporations, unincorporated associations) Or voidable= person under incapacity can chose to take benefits- if so, they take the burdens. If a minor is entitled to avoid the legal obligations that the contract would have otherwise created (ex: minors, undeclared mental incapacity, intoxication)
