Philosophy 2080 Lecture Notes - Contingent Fee, Inequality Of Bargaining Power, Affidavit
5 Feb 2013
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Chapter 8 (7th edition)/chapter 9 (8th edition) - legal capacity and. Requirement of legality minors or infants, presumed at law no capacity to contract. Common law 21, lowered by statute to 18 or 19. Exception, contracts for necessaries enforceable against a minor contract for non-necessaries: Fully performed = enforceable, bound unless taken advantage of by merchant. To repudiate when fully performed -- minor proves unfair advantage, and must return goods. Contract not fully performed, voidable at minor"s option. Adult who contracts with minor is bound, repudiation is only available to minor. Adult runs risk of minor repudiating contract for necessaries: Minor liable on contracts for necessaries, extent of liability limited to reasonable price. Questions of fact, what are necessaries, and are they necessary to minor in question, varies with social standing, standard of living accustomed to. Historically apprenticeships were the way the young entered the workforce, these contracts often enforceable against the minor.
