BU231 Chapter Notes - Chapter 7: Insurable Interest, Contract, Legal Fiction
Document Summary
The burden of proving essential elements of a contract. Once a plaintiff shows that there was offer and acceptance and consideration for the promise, the court will ordinarily presume an intention to create legal relations. At that point, the court will also presume that two additional elements are present: (1) the defendant has the capacity to make a contract, and (2) the contract is legal. If the defendant shows that she did not have the capacity to enter into the contract or that the contract was not legal, she will be released from her contractual obligations. Legal capacity competence to bind oneself legally. In addition to age, there are other reasons that contracting parties may lack capacity and, as a result, attempt to repudiate their contracts. Repudiate reject or declare an intention not to be bound by. Minor or infant a person who has not attained the age of majority according to the law of his or her province.
