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Research the law (some of which are discussed in the slides) and come to class to discuss what the law is in respect of contracts
- Research the law (some of which are discussed in the slides) and come to class to discuss what the law is in respect of contracts with minors. This may be only the common law, legislation, or a combination of the common law AND legislation.
- Why bother with capacity if all other parts of contract are proven, eg offer, acceptance, consideration, intention, certainty etc?
- Why would contracts for necessaries be okay if other contracts are not?
- What are necessaries?
- What is the test for determining whether a minor is bound by a contract for necessaries? ie Who needs to show what?
- Why should trading be treated differently from exercising a profession?
- Should the question of whether or not a contract is binding be related to age at all, or should it be based on the circumstances of the agreement and the individuals understanding of it?
- In your small groups formed in lecture, present your findings/conclusions on the capacity to contract when one of the parties is:
- drunk;
- of unsound mind;
- a corporation; or
- a State or Government entity.
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