BU231 Midterm: Complete Chapter 8 Notes - 14th Edition
Document Summary
The burden of proving essential elements of a contract. One plaintif proves there was an offer, acceptance, consideration and presumed intention to create legal relations. At this point court will presume there are 2 elements: The defendant has the capacity to make a contract. Repudiate: reject or declare not to be bound by terms. When minor makes a contract, its not binding on her, but it is on the other party. A minor is bound by any contract for supply of necessaries: essential goods and services. A minor is bound by beneficial contracts of service: contracts of employment that aim to benefit the minor. A minor who repudiates his liability for non- necessary goods, needs to return the goods back. Vice versa, if the minor is a seller, he needs to return the money in order to repudiate. If minor benefits from a contract non- necessaries, he cant recover the money paid, but he can terminate his remaining liability.