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R - CAPACITY TO CONTRACT

R - CAPACITY TO CONTRACT - 14 Capacity to Contract CHAPTER...

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Capacity to Contract P A E T R H C 14 “No brilliance is need in the law. Nothing but common sense, and relatively clean fingernails.” John Mortimer T. LEIGH ANENSON, J.D., LL.M.
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CONTRACT LAW Introduction to Contracts The Agreement: Offer The Agreement: Acceptance Consideration Reality of Consent Capacity to Contract Illegality Writing Rights of Third Parties Performance & Remedies
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Learning Objectives meaning of capacity classes of persons without capacity rights to disaffirm or ratify duties of disaffirmance
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A person must have the ability to give consent before he can be legally bound to an agreement, thus capacity is the ability to incur legal obligations and acquire legal rights Definition of “Capacity”
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Groups lacking capacity: 1. minors 2. mental disability 3. intoxicated Effect = avoid (disaffirm) contract LACK OF CAPACITY
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voidable by minor only express or implied exceptions by statute (i.e. marriage)
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