Chapter 8.docx - Chapter 8 Capacity to Contract Legality of Object Void vs Voidable Voidable Contracts – may be terminated by one or perhaps either

Chapter 8.docx - Chapter 8 Capacity to Contract Legality of...

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Chapter 8: Capacity to Contract, Legality of Object Void vs. Voidable Voidable Contracts – may be terminated by one or perhaps either party, but are in force unless and until one party acts to bring the contract to an end Void Contracts – nullity from their inception – they were never contracting and cannot be enforced by either party Capacity to Contract In order to enter a legally binding contract, the parties must have the capacity to contract If other elements of contract (offer, acceptance, consideration, intention) are present, capacity is assumed The party claiming lack of capacity has burden of proof Minor In Ontario, 18 is the age of majority General Rule: a contract with a minor is unenforceable against the minor, but is enforceable by the minor Certain exceptions to general rule: Contract for necessaries Beneficial contract for services Contract for Necessaries Exception to general rule – minors are in a legally binding contract if the subject matter is a necessary of life Food Shelter Clothing transportation Purpose of contract is to allow minors to contract for important things
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  • Fall '13
  • Mallney

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