Lecture 4 BFA601 Semester 1 2018.pptx

Food shelter tools etc are necessaries luxuries are

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Food, shelter, tools etc. are necessaries Luxuries are those goods and services which are not necessaries – How is this determined? Chapple v Cooper (1844) Was the minor already adequately supplied? What was appropriate for that minor‘s ‘station in life‘? NECESSARIES (4.120) NECESSARIES (4.120)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis A contract that provides services, in the interests of the minor, for the purpose of self support such as education, instruction or an apprenticeship may be enforceable against a minor Note that a court is reluctant to enforce specific performance for an employment contract Why ? Similarly a court will examine whether, objectively, the employment agreement should be enforced either by the minor or against the minor. NECESSARIES Beneficial contracts of service (4.125) NECESSARIES Beneficial contracts of service (4.125)
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© 2014 Reed International Books Australia Pty Limited trading as LexisNexis There is some legislation existing in various states regarding contracts with minors. Legislation differs between states, eg rules as to guarantees on behalf of minors exist Legislation varies from state to state. Tasmanian act just deals with person who give a guarantee on behalfof the minor NECESSARIES Legislation applying to minors (4.129) NECESSARIES Legislation applying to minors (4.129) Minors Contracts Act 1988
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