BLAW 3201 Study Guide - Unconscionability, Consideration, Usury
Document Summary
13: capacity and legality: contractual capacity, in addition to agreement and consideration, for a contract to be deemed valid the parties to the contract must have contractual capacity the legal ability to enter into a contractual relationship. In most states, the age of majority (when a person is no longer a minor) for contractual purposes is 18 years. The general rule is that a minor can enter into any contract than an adult can, provided that the contract is not one prohibited by law for minors (ex: the sale of tobacco or alcoholic beverages) Courts in a majority of states hold that the minor need only return the goods (or other consideration) subject to the contract, provided the goods are in the minor"s possession or control. Ordinarily, a minor can disaffirm the contract even though she has misrepresented her age. Moreover, the minor is not liable in certain jurisdictions for the tort of deceit (fraud) for such misrepresentation.
