33:140:320 Chapter Notes - Chapter 12: Quasi-Contract, Intellectual Disability, Standard-Definition Television
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The party asserting incapacity or his/her guardian, conservator, or other legal representative bears the burden of proof. An essential element for the formation of a contract is that the object of the contract be lawful. 12. 1 minors: they do not always have the maturity, experience, or sophistication needed to enter into contracts with adults. Most states have enacted statutes that specify the age of majority, which typically is 18 yrs. old for both males and females. Any age below that statutory age of majority is called the period of minority, meaning that the court will not inquire into his/her knowledge, experience, or sophistication. Infancy doctrine: as a protection for minors, this doctrine gives them the right to disaffirm/cancel most contracts they have entered into with adults (minors are given the option to cancel). Public policy states minors should be protected from the unscrupulous behavior of adults. The infancy doctrine is an objective standard in most states.