MOS 2275 Biz Law Chapter 7 Notes.docx.docx.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Cristin Keller
Semester
Winter

Description
Minors/Infants  Did all the parties in the contract have the legal capacity to enter that contract?  most of the time you’re talking about people who have sound mind and above the age of majority  does that mean who is under the age of majority can never be in that contract?  no but there is are exceptions.  under the age of majority in Ontario is 18  food, shelter, anything that you need to live, cannot get out of that contract  if the contract has something to do that is beneficial, anything that can improve their future then the minor cannot get out of that contract  if it’s not for any of those things then the minor might be able to get out of the contract.  the adult that their contracting with will always be bound.  the idea here is that the adult should know what their doing and they should have the capacity assuming that they have sound mind and all that  if a minor can convince the court that they have to get out of the court then the contract is void or voidable contract  a voidable contract means that it is a valid contract but one or both parties can get out of the contract  a void contract means that you’ve never had a legally binding contract.  whether you’ve had a contract, or you’ve never had a contract at all means that you can get damages.  if you’ve reached the age of majority, the court can deem you that’s called ratify  even though you’ve entered this contract when you were 17 and now you’re 18 and you’re still getting the benefits but you want to get out of the contract, you can’t get out of the contract if you’re still getting those benefits  if you continue to drive that car when you are 18 then the court will say that the minute you drove that car when you were 18, you’ve deemed the contract.  did both of the parties have the legal capacity to enter that contract? Insanity and Drunkenness  this is someone trying to get out of the contract by claiming that they didn’t have the mental capacity because they didn’t have the cognitive (insanity) piece or they were drunk  they have to prove that they were drunk or that they didn’t have the mental capacity  and the second part is that they had no understanding of what they were doing  they didn’t understand that contract at all  they have to show that they didn’t have the mental capacity and that they had no understanding of what they were doing  and the third part is that the other person either knew that the person did not have the mental capacity or they should have known  they had slurred speech, they were stumbling, you should have known that they did not have the mental capacity to enter into that contract.  they have to show those three things  these contract cases would be CIVIL and what’s the statement of proof? Balance of probabilities Other of Limited Capacity  Corporation  a separate legal entity that can be sued  Indian Act  basically limits the capacity for individuals living on reserved lands that are owned by any specific aboriginal groups.  if the government is giving you a whole parcel of land and you are getting a plot of land then you cannot sell that land out of our aboriginal group. Legality  the subject matter of the contract has to be legal.  I can't contract with you to buy stolen goods.  We have a legal binding contract  but in the performance of that contract, someone does something legal  that’s different from a contract being formed illegally.  these contracts will likely be voidable.  something happened afte
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