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class notes - oct 18 - capacity and breaches

class notes - oct 18 - capacity and breaches - of the...

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October 18 th Capacity – Finish Indemnify – means you will pay them back Save harmless – while they might be sued, you will make them safe by paying them back Law protects 3 categories of persons: 1 Infants a. Can only make contract if: i. For the benefit of the infant ii. Infant does not need protection of the law b. In BC the Infants Act overrides the common law, thus age of majority is 19 and not 21 as elsewhere c. S 19 of Infants Act (p 58 of supplement) i. Contract made by person who is a infant at the time is unenforceable against him/her unless it is: 1. A contract that is enforceable by another Act, example being the Canada Student Loans Act 2. Affirmed (adopted/ratified ) by the infant upon reaching the age of majority, and becomes retroactive 3. Performed or partially performed by infant within one year after reaching age of majority 4. If there is no affirmation (performance or part performance)
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Unformatted text preview: of the contract at age of majority the infant has until his/her 20 th birthday to repudiate the contract ii. A contract that is unenforceable against the infant IS enforceable against the adult! Infant and parent are independent separate legal entities and the parent cannot enter contracts on behalf of infant. 2 Mentally Incapacitated – mental condition as such did not understand the contract i. must prove so incapacitated that you didn’t understand the contract AND ii. the other party was aware of your condition b. Intoxication (temporarily of unsound mind) c. Permanently unsound mind 3 Corporations Breach and Damanges Poole Vs. Shanks Westcoast Transmission Blackcomb vs. Schneider Practice Questions (Williams & Galway) Monday: Parol Evidence General Tire Misrepresentation Collins...
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class notes - oct 18 - capacity and breaches - of the...

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