7 formation of a contract: capacity to contract and legality of object. The burden of proving essential elements of a contract: Once the plaintiff shows that there was offer and consideration the court will ordinarily presume an intention. At this point the court will also presume that two additional elements are present: the defendant has the capacity to make a contract, the contract is legal. As a matter of policy the law may excuse one party, such as a four year old child, from her obligations. Repudiate: reject or declare an intention not to be bound by. A minor or an infant is a person who has not attained the age of majority according to the law of her province. Guardian: a person appointed to manage the affairs of a minor in the place of his or her parents. Courts have identified as: food, clothing , lodging, medical attention, legal advice, and also transportation.