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chp 10

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Ryerson University
Law and Business
LAW 122

Chapter 10Contractual Defects Incapacity to Contract y To protect specific groups of people the law has drawn a distinction between those who have the capacity to contract and those who do not y Capacityis the power to give legal consenty Consider 6 groups who may have no capacity or only limited capacity to create a contractMinors Mentally Disabled PersonsIntoxicated PersonsCorporations AssociationsIndian bands and aboriginal personPublic authoritiesPersonal Incapacity Minors y The age of majority is the age at which a person is held fully accountable in lawThose who have not reached the age of majority are minorsThe law simply says that everyone under the age of majority lacks the capacity y Some contracts are voidable at the minors option y A contract is voidable if the minor is entitled to avoid the legal obligations that it createdy If a contract is voidable the minor may elect to avoid the contractual liabilityy If so they are relieved of all future liabilities under the contract y A minor who wants to avoid a contractual liability should do so as soon as possibleMental Incapacityy Regardless of a persons age a person may also lack capacity because of a deficient intellect y Difference between mental incapacity and minoritya minors contract is voidable even if the other party was unaware of the age issue y The contract of a person with a mental incapacity is voidable only if the other should have recognized the problem y When it is difficult to tell if a person
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