LAW 122 Lecture Notes - Lecture 10: Ultra Vires, Consumer Protection, Non Est Factum
11 Apr 2018
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Chapter 10: contractual defects, misrepresentation, incapacity to contract, unfairness during bargaining, illegality. Test: misrepresentation is a false statement of an existing fact that causes recipient to enter into a contract: a statement of an existing fact, that is false when made, may be actionable if it induced a contract. Capacity: is the legal power to give consent. I: a person cannot enter into a contract unless they have the legal power to give consent. R: 1. the person must have been so drunk that they could not know or appreciate what they were doing: the other contractual party must have been alerted to that fact. Intoxicated person should attempt to void the c once sober, failure to do so may result in affirmation. Corporations chartered corporations are treated the same as individuals who have reached the age of majority. Does the person has the resources to be obligated to c: do not have independent legal existence.
