ADMS 2610 Chapter Notes - Chapter 9: Prima Facie, Embezzlement, Life Insurance
29 Apr 2017
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Ch 9 legal capacity to contract and the requirement of legality. The ability to enter into a contract. Not all persons can enter into contracts. The law protects those who may lack the ability to appreciate the nature of their acts. Protects those who would not be in an equal bargaining position. A person who has not reached the age of majority. Common law: a person under age of 21. Statute: sets the age of majority in each province; some it is 18, others 19. Public policy says minors should not be bound by their promises. Contract is enforceable by the minor but not against the minor (voidable at the option of the minor) Exceptions for minors: contracts for necessaries. Necessaries: food, clothing, shelter, certain types of transportation, and other necessaries. Minor already has an adequate supply of such goods. Employment or apprenticeship contracts which are beneficial to the minor: not beneficial if exploitative.
