Intention and Capacity

Question 1

intention to create legal relations

Answer 1

the parties intention that their agreement be binding in law, not just morally

Question 2

intention and family members

Answer 2

the courts believe that family members or social nature that the parties do not intend to create legal relations

Question 3

commercial agreements

Answer 3

there is a presumption that the parties intended to create legal relations (claimant does not generally have to proof it)

Question 4

natural

Answer 4

individuals

Question 5

artificial

Answer 5

corporations

Question 6

general rule of natural persons

Answer 6

have full contractual capacity

Question 7

minors

Answer 7

under 18s are to be protected but not prevented from entering contracts

Question 8

binding contracts for minors

Answer 8

contracts for necessaries (goods or services for lifestyle)

Question 9

general rule minors

Answer 9

general rule is that all other types of contracts entered in to by minors are voidable while being a minor or within reasonable time after reaching majority (becoming 18)

Question 10

mentally disordered persons and drunken persons

Answer 10

treated similarly
contract is considered (if incapacitated person wants)voidable if they can prove that they were insane or drunk and did not know what they were doing AND the other party was aware of their condition

Question 11

Aliens

Answer 11

from another country

Question 12

general rule: aliens

Answer 12

-full capacity to enter contracts

Question 13

enemy alien

Answer 13

citizen of a country which is in conflict with land of interest

Question 14

enemy alien rule

Answer 14

can not sue in British Court but the may be sued and therefore can defend a legal action against them