ACTG 2P40 Chapter Notes - Chapter 7: Legal Personality, Indian Act, Precontract
19 Apr 2013
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Burden of proving essential elements of contracts: once a plaintiff shows there was an offer, with acceptance and consideration for the promise, the court will presume there is a legal relationship. The court will also assume two elements are present: the defendant has the capacity to make a contract and that the contract is legal. Capacity to contract: when forming a contract, we assume both parties have the capacity to make a contract and be bound by it. Repudiate: reject or declare not to be bound (by the contract) Minors: a person who has not attained the age of majority in the province. Until a person reaches an age of majority they are exempt from binding contracts, although if the other party is not a minority it is still binding to them. If a minor owns assets or needs to contract their parents or legal guardian may sign on their behalf and look after their affairs.
