BLAW 3100 Chapter Notes - Chapter 7: Indian Act
Document Summary
Contracting parties must have the capacity to contract. Lawmakers recognize that some people are more vulnerable and receive special protection. Protections include having the ability to contract limited or eliminated completely in some cases. Minors (or infants): under age of majority. No way for online merchants to know personal characteristics of parties dealing with. Online merchants must include appropriate restrictions and disclaimers. Minors are bound by contracts -- may be sued. For acquisition of necessaries (food, clothing, lodging, and transportation) Minors must pay only a reasonable price for necessaries. There is an obligation to repay a loan used for necessaries. Only if the funds advanced are actually used for necessaries. Contracts of employment for service are binding. In b. c. , all contracts with infants are unenforceable except those made specifically enforceable by statuses (student loans) Ratifying (confirming) contract at age of majority results in lost ability to void contract. Ratification can be express (written) or implied (by obtaining benefit)