BU231 Chapter Notes - Chapter 7: Contract, Enemy Alien, Ultra Vires
Document Summary
7 f o r ma t i o n o f a. C on t r ac t: c apa c i ty to c on t r a c t & l e g a l i ty o f o j e c t. Once a plaintiff shows there was offer and acceptance and consideration for the promise, the court ordinarily presumes an intention to create legal relations. At that point, the court also presumes that 2 additional elements are present: defendant has the capacity to make a contract, contract is legal. If any of the two points above are not met, the defendant is released from contractual obligations i n g o f c apa ci t y to c o n t ract. Legal capacity: competence to bind oneself legally ex: a 4 year old cannot buy a game. Repudiate: reject or declare an intention not to be bound by.
