LAW 122 Lecture Notes - Lecture 6: Non Est Factum, Undue Influence, Convenience Store
11 Sep 2017
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Document Summary
Contractual defects are particularly significant because they often provide one of the parties with a defence when the other party commences a lawsuit. Capacity is the legal power to give consent. Seven groups of persons who may have no capacity or only limited capacity to create a contract: Personal incapacity: minors, the age of majority is the age at which a person is held fully accountable in law. Those who have not reached the age of majority are minors. The law simply says that everyone under the age of majority lacks capacity. (ontario is 18: the law"s approach shields minors from exploitation and the consequences of their own inexperience. If so, their contracts are voidable, just as in the case of a minor. They can avoid the agreement within a reasonable time of becoming competent: difference between mental incapacity and minority: a minor"s contract is voidable even if the other party was unaware of the age issue.
