LAW 122 Study Guide - Midterm Guide: Ultra Vires, Fiduciary, Undue Influence
13 Mar 2014
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226: capacity is the legal power to give consent, groups of persons with no capacity or limited capacity are, minors, mentally disabled persons, intoxicated persons, corporations, associations, indian bands and aboriginal persons, public authorities. Judicially declared mentally incompetent: total incapacity to contract, contract is void, mentally incompetent but not judicially declared, most contracts voidable if other party should have known about the problem. 231) contract, even though there is no specific statutory authority. Limited by the division of powers under the constitution act, 1867 (sections 91 and 92): the normal rule is that there is no requirement that contracts be in writing to be. 231) enforceable: some exceptions, statute of frauds (original english legislation, 1677) Recent technology (e-documents and computer software) has resulted in many jurisdictions amending this law (recommended in ontario but not yet done): consumer protection legislation, sale of goods legislation, types of contracts governed by this law: Purchaser can recover price if no benefit received.
