BLWexam3notes - BLW Exam 3 Notes Ch. 13, 14, 15, 16, 17...

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BLW Exam 3 Notes 03-25-08 Tuesday CONTRACTUAL CAPACITY Contractual Capacity: The minimum mental capacity required by law for a party who enters into a contract to be bound by it. Certain persons are generally not considered to have sufficient capacity to be bound by their contracts: You need to understand the basic concept of the contract. Minors: (Age) In virtually all states, unmarried persons under the age of eighteen (18) are permitted to enter into any contract an adult can, provided that the contract is not one prohibited by law for minors ( e.g. , agreement to purchase cigarettes or alcohol). However, unlike those entered into by adults, contracts entered into by minors are generally voidable by the minor. (read about voidable in text for test) Arbitrary distinction based on someone’s age. 17 in TX you are considered an adult. All 50 states create their own rules; most adhere to majority rule: EX: you are 18 & you buy car & you use your old car as payment for the new car. You sell the old car to man& he says he’ll give you $3,500 and you accept. You take the money & put it down on your new car. A month later the man tries to bring the car back to you. He brings your car back to you in a totally different Ch. 12: Contracts: Capacity and Legality – Eric C.
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condition & it’s been modified & damaged. You proceed to tell him that you are not giving his money back, but then he tells you he’s 17. Because in TX an adult enters into contract with a Minor at his own Peril!!! You are at a loss! There are still younger ages that people can be charged as adult… depends on legislature. If you are under 18, when it comes to contracts, you get the right of disaffirment and can’t be held accountable for your contract. EXCEPTIONS: what happens if a Minor misrepresents their age??? It’s considered FRAUD. The Minor will lose their right to be protected. Necessities of life; sale of a good. They are allowed to buy what they need as long as the price that they pay is reasonable. TEST?: UTSA gets students who enroll earlier than 18. A 17 year old lives on their own, estranged w/ their parents. They find apt. complex that the landlord is willing to rent it to the 17 yr old, normal rate is $400/mth, but the landlord decides to take advantage & charge $500. The Minor is able to sue for the difference in the event that he finds out he’s being overcharged. A necessity in our legal system is judged on a case-by-case basis. It depends on your status. Emancipation: means to be set free. 3 ways: 1. Have court do it for you. 2. To ge married. 3. Join the military. Mentally Impaired or Incompetent Persons: (Competency) Like-wise, contracts entered into by persons who are, at the time of contracting, intoxicated (voluntarily or not) or mentally incompetent are Ch. 12: Contracts: Capacity and Legality – Eric C.
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generally voidable . Idea of cognitively, you are able to make decisions. Prof. brother-in-law: mentally incompetent due to mental illness. Doctor’s have
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This note was uploaded on 05/02/2008 for the course BLW 3013 taught by Professor Sutton during the Spring '08 term at Texas San Antonio.

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BLWexam3notes - BLW Exam 3 Notes Ch. 13, 14, 15, 16, 17...

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