CRM 101 Chapter 10: Chapter 10 CONTRACTUAL DEFECTS.doc
Document Summary
Six different contractual defects and their legal consequences. Incapacity, absence of writing, mistake, frustration, illegality, and unfairness during bargaining. Capacity: is the legal power to give consent. Sometimes the question of capacity depends on a person"s ability to understand the nature and consequences of their acts intoxicated persons: minors, mentally disable persons. Age of majority: is the age at which a person is held fully accountable in law. Minor: people who have not reached the age of majority. Law says that everyone under that age of majority lacks capacity. Ontario, alberta, saskatchewan age of majority is 18 years. Some contracts are voidable at the minors option. Voidable: a contract is voidable if a minor is entitled to avoid the legal obligations that it created. If a contract is voidable a minor may elect to avoid liability. Minors cannot avoid contracts of employment that are to their benefit.
