LAW 529 Lecture Notes - Lecture 3: Legal Tests, The Employer
1 Dec 2018
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Intention to create a contract: offer and acceptance, exchange of consideration. Capacity to contract: age, the law presumes that contracts with persons under 18 are void, this presumption is rebuttable if the contract is beneficial to the person under 18. Argues that he signed the contract when he was under 18. Contract was not enforceable: mental capacity -> legal tests ** If a person has been legally declared to lack mental capacity, his or her contracts are void and not enforceable; Intention to contract: mutual intention arises if a reasonable person would believe that the parties intended to create a legally enforceable agreement, the reasonable-person standard is objective; It is not concerned with what the parties actually may have intended. The presence of offer and acceptance is a contextualized, factual determination. It may be formal and self-evident, or it may be determined from a review of all relevant facts and circumstances.
