ch.8: made by bia Flashcards
Who does not have the legal capacity to enter contracts?
minors, people recognized by the court (mental disabilities), unincorporated groups ( uni clubs ), enemies, indigenous people in the reserve
What is an avoidable contract
the party can bring to an end
What is a void contract
involving defect that is substantial
What are the three types of mental incapacity to enter a contract
- Recognized by the jury ( VOID )
- Not Recognized by the Jury but unfair ( VOIDABLE )
a) duress
b) undue influence
c) unconscionability - Temporarily Mental incapacity
Best Buy sells a tv to a minor, can best buy get out of the contract because minors are not allowed to enter contracts?
No
Best Buy sells a tv to a minor, can its Dad make the kid return the tv for the money because minors are not allowed to enter contracts?
Yes
Are iPhones, Tv, and laptops, tech items considered necessities?
No
What are considered necessities that minors can get in contracts
food, clothes, and shelter
What are contracts that are enforceable with minors
purchase of necessities, beneficial employment (apprentice)
Define ratify
accept a contract
Define repudiate
reject a contract
If Jonny is a hockey player, under an apprenticeship contract. His contract is until the end of university when he is 21. He just reached the age of majority ( 18 ) yesterday, can he leave the contract he signed when he was a minor?
No
Brittany is a teenager, she loves to create many outfits. She goes to the mall and buys jeans on sale, with the policy of final sale. She goes home and her mom gets really mad because she has enough clothes. Can she void the contract she made with the store?
Yes.
1.
What is required to rebut the accusation of undue influence
- If no benefit was gained by the accused party: prove no benefit
- If some benefit was gained bt the accused party: prove Independent legal advice
Define undue influence
manipulation of other’s minds to get something out of it, compromising free will of choice
