BU231 Chapter Notes - Chapter 7: Legal Fiction, Equitable Remedy, Contract
Document Summary
Chapter 7 formation of a contract: capacity to contract & legality of object. Once a plaintiff shows there was offer and acceptance and consideration for the promise, the court ordinarily presumes an intention to create legal relations. At that point, the court also presumes that 2 additional elements are present: defendant has the capacity to make a contract, contract is legal. If any of the two points above are not met, the defendant is released from contractual obligations. Legal capacity: competence to bind oneself legally ex: a 4 year old cannot buy a game. Repudiate: reject or declare an intention not to be bound by. People may try to repudiate their contracts due to age and other reasons. Contractual liability of minors (infants) 18 for ontario. Minor/infant: person who has not attainted the age of majority according to the law of his province.
