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LAW 122 (616)
Chapter 10

LAW122 Chapter 10 Notes.docx

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Ryerson University
Law and Business
LAW 122
Jared C.Allen

LAW 122 Chapter 10 Notes Contractual Defects Contractual defects are particularly significant because they often provide one of the parties with a defence when the other party commences a lawsuit Incapacity to Contract A person cannot enter into a contract unless they have the legal power to give consentEx a 10 year old may be able to read understand and sign a contractual document they may not be legally bound to itCapacity is the legal power to give consent Personal Incapacity groups of person who may have no capacity or limited capacity to make a contractMinors o Age of Majority is the age at which a person is held fully accountable in law Ontario18 o Those who have not reached the age of majority is considered a Minor o The law states that everyone under the age of majority lacks capacityA contract is Voidable if a minor is entitled to avoid the legal obligations that it created the minor can choose whether or not to avoidEx if a minor rents stereo equipment for 12 months but returns it after 2 The company cannot sue for the other 10 months but only sue for the 2 months of which he used the equipment o Once a person reaches the age of majority they can decide whether or not they want to avoid a contract they created as a minor o Minors who make contracts then void them must return whatever was given to them under the contract o Minors cannot avoid contracts that are for their benefits food clothing medical treatment employment contractsMental Incapacity o A person may lack capacity because of a deficient intellectIf a court decides a person to lack mental capacity their contracts are voidIf someone lacks the mental capacity when signing a contract their contracts may be voidable o If you lack mental capacity when signing a contract you have a reasonable time to avoid the contractIntoxication o A capable person may enter into a contract while intoxicated o The agreement is voidable ifThe person was so drunk that they did not know what they were doingThe other contractual part must have been alerted to that fact o Once sober the intoxicated party will be able to fight the contract If no they consider it affirmation of the agreement
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