LAW 122 Lecture Notes - Lecture 9: Undue Influence, Unconscionability, Fiduciary
29 Aug 2016
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Three types of defects: incapacity to enter into contract, unfairness during bargaining, illegality, incapacity to contract. Capacity: legal power/ ability to give consent. Some persons lack or may lack the capacity to give that consent. No legal mind to fulfilling meeting of the minds (can"t show meeting of the minds occurs because one side doesn"t have that) Capacity gained/ regained (can show capacity)= contract can be. Affirmed (even though originally there was a problem with no ability to form contract, later on they had the ability and had the idea that they wanted to form a contract) If they are too young (not 18, may be mature but not legal age), mental disabilities, under the influence of drugs or alcohol. Yes, when they are 18 they have the ability to enter into the contract. Voidable: if a minor is entitled to avoid the legal obligations that the contract would have otherwise created.
