Capacity (Minors) Flashcards
Chapple v Cooper
The funeral was for her private benefit and deemed necessary, as she was under an obligation to bury her husband.
Nash v Inman
These clothing were considered appropriate and necessary to Inman’s station in life, the contract was unenforceable because he has already adequately supplied with clothes.
Fawcett v Smethurst
The court felt that the contract is too onerous and therefore unenforceable against the minor.
Clements v London and North Western Railway Co.
The terms of the contract need to substantially benefit the minors to be binding.
Employers’ Liability Act 1880
De Francesco v Barnum
The provisions of the apprenticeship deed was held to be unfair and unenforceable against her as they were not substantially to her benefit.
Doyle v White City Stadium Ltd
Binding contract as it encouraged the boxer to be a clean and proficient boxer, which was to his advantage.
Edwards v Carter
It was held that the repudiation was too late.
Steinberg v Scala (Leeds) Ltd
She could repudiate the contract and thus not have to pay the second instalment, but she could not recover the sums paid in the first instalment.
Corpe v Overton
Was able to recover the £100 deposit since he received no benefits under the contract, there is a total failure of consideration.
Cowern v Nield
Trading contracts are never binding on the minor even if it is for the minor’s benefit.
He is not required to pay the price of consignment of hay that he failed to deliver.
The Minors’ Contracts Act 1987
- S2
Where there is a guarantor to the contract, their liability would not be avoided due to their guarantee being a minor. - S3
Where ‘it is just and equitable to do so’, the court may require the minor to transfer any property acquired by the minor under the contract to the original owner. - S3(1)
It is effective to pass property from a minor.
