LAW 1101 Lecture Notes - Lecture 8: Sultanate Of Ifat

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24 Oct 2016
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Capacity : the legal power or ability of legal confidence of a person accepting the contract. One may enter into and agree to the terms of a contract, but that contract may not be totally enforceable due to lack of capacity (for reasons of infancy, intoxication, mentally incompetent/disabled). Agreements made between an offeror and an offeree in which the offeree does not have the capacity for the legal power to enter the contract, the contract would then be voidable. Minority (infancy) : a person who has not attain the age of 18 years. (a person is considered an infant up unto the day before their 18th birthday). In order for them to avoid their obligations under the contract, then the infant must disaffirm the contract before their 18th birthday or a reasonable time thereafter: the a(cid:373)ou(cid:374)t of ti(cid:373)e depe(cid:374)ds upo(cid:374) the (cid:272)ir(cid:272)u(cid:373)sta(cid:374)(cid:272)es. If the(cid:455) do(cid:374)"t disaffir(cid:373), the(cid:374) we have an enforceable contract.

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