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1 in australia what is a minor a minor is a person

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1) In Australia, what is a minor? A minor is a person under the age of 18. Age of legal majority around Australia. 2) In general, does a minor possess the capacity to enter into contracts? A minor is not subject to legal recognition, therefore he lacks capacity to contract. 3) What are the two exceptions to the rule regarding the capacity of minors? Cite case names as examples of each. Yes they do. Party that try to enforce a minor they A minor can contract for necessity and to enter into beneficial contracts of service. Necessary: food, shelter, clothes. Chapple v Cooper Beneficial: employment, education. Bojczuk v Gregorcewicz 4) If a person makes a loan to a minor and the minor refuses to pay, can the debtor sue for breach of contract? Cite the relevant case from the text in your answer. No Only if the loan is seen as necessary. In the case of Bojczuk v Gregorcewicz , the minor did not need to repay as the plaintiff could not prove the loan a necessity as the defendant had a satisfactory job by Polish standards. Read the cases of Chapple v Cooper , Ryder v Wombwell and Nash v Inman
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(Parker and Box pages 225-226) and answer the following questions: 5) Explain briefly the ‘station in life’ concept discussed in Chapple v Cooper ? Station in life is a concept that changes restrictions on necessities to include goods and services that are required and suitable for that minor at that point in time. 6) Explain the two-step test (applied in the above cases) used to determine whether a minor who has purchased an item that is not a luxury has capacity to contract. First, a decision must be made whether the relevant item is capable of being a necessary at all. Secondly, can the thing be properly regarded as a necessary for the particular minor? If the first question is answered in the negative, then the second question need not be asked. Now answer the problem question below using the IRAC method. Cite case law to support your answer. John, a 17 year-old student who looks much older, orders $1,500.00 worth of food for an end-of-VCE party.The food is duly delivered and consumed and John refuses to pay. Advise the food supplier whether he may sue for breach of contract. The issue is to determine whether the food supplier can successfully sue a minor for breach of contract. A minor is a person under the age of 18. A minor is not subject to legal recognition, therefore he lacks capacity to contract. There are two exceptions to this rule. A minor can contract for necessity, such as food shelter and clothes. This is demonstrated in the case of Chapple v Cooper . A minor can also contract for beneficial, such as employment or education, demonstrated in the case of Bojczuk v Gregorcewicz. In the case of Bojczuk v Gregorcewicz, the minor did not need to repay as the plaintiff could not prove the loan a necessity as the defendant had a satisfactory job by Polish standards.
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