capacity

Question 1

what does capacity concern?

Answer 1

the ability of the parties to enter into a binding legal agreement

Question 2

what are the rules for minors and capacity?

Answer 2

contracts are enforceable against the adult but not against the minor unless for necessaries or beneficial services.
a minor need only pay a reasonable price for the necessaries
if the contract provides something of benefit to the minor it will usually be considered binding

Question 3

if an adult wishes to enforce such a contract what must they prove?

Answer 3

that the goods in question were capable of being necessaries, that the minor did not already have enough of them at the time and that the adult did actually supply and deliver the goods

Question 4

what is the definition of necessaries?

Answer 4

goods suitable to the condition in life of the minor … and to his actual requirements at the time of the sale and delivery

Question 5

what is the approach for mental disorder and capacity?

Answer 5

adults in the category are still presumed to be bound by their agreement
Mental Capacity Act 2005 - a person is presumed to be of full capacity, unless it is established that he lacks capacity

Question 6

for a drunk person to claim he lacked capacity what are the requirements?

Answer 6

would have to be so drunk that while still able to make an agreement he was unable to understand the nature of the transaction. the other party would have to be aware of the level of drunkness