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Capacity is an essential element of a valid contract. Parties must be of legal age, mentally competent, and sober. The document discusses exceptions for minors, incompetent persons, and intoxicated individuals. Minors can disaffirm contracts but are responsible for necessary items like food, clothing, shelter, or student loans. Intoxicated individuals have less protection than minors and incompetent persons.
Originalbeschreibung:
Chapter 14 notes on capacity (element of a valid contract)
Originaltitel
The Essentials of Business Law and Ethics Chapter 14 – Capaciy
Capacity is an essential element of a valid contract. Parties must be of legal age, mentally competent, and sober. The document discusses exceptions for minors, incompetent persons, and intoxicated individuals. Minors can disaffirm contracts but are responsible for necessary items like food, clothing, shelter, or student loans. Intoxicated individuals have less protection than minors and incompetent persons.
Capacity is an essential element of a valid contract. Parties must be of legal age, mentally competent, and sober. The document discusses exceptions for minors, incompetent persons, and intoxicated individuals. Minors can disaffirm contracts but are responsible for necessary items like food, clothing, shelter, or student loans. Intoxicated individuals have less protection than minors and incompetent persons.
Capacity is the last essential element of a valid contract
Parties should be capable of entering into a contract person has to be a legal age, mentally competent, and sober Types of people: 1. Minors 2. Incompetent person not able to handle their own affairs 3. Intoxicated person Exceptions 1. Minors: legal age in MS is 21 but exception is that an 18-year-old can contact for personal property Law protects minors and incompetent people but it is harsh for intoxicated people people dont choose to be minor or incompetent and intoxication is a choice A minor can disaffirm (cancel) a contract or ratify when they become a legal age same for incompetent and intoxicated people Having a few drinks will not do it, you have to be in consider where you cannot understand the nature and conditions of a contract Minors, incompetent people, and intoxicated people are still liable for certain kinds of contracts and those are necessary items 1. Minors can be held responsible for food, clothing, and shelter. Students can be held responsible for their loans and hospital/medical expenses. Only responsible for the reasonable value of necessary items Minors can easily lie about their age and get out of the contract law gives special protection to those who law considers vulnerable or inexperience