BU231 Chapter Notes - Chapter 8: Inuit, Precontract, Contract
Document Summary
Chapter 8 - formation of a contract: capacity. The burden of proving essential elements of a contract: once a plaintiff proves that there was an offer, acceptance, and consideration the court will presume an intention to create legal relations the court will also presume. The defendant has the capacity to make a contract. The contract is legal if the defendant shows that they did not have the capacity to enter into contract or that the contract was not legal they will be released from contractual obligations. Ratifies: acknowledges the contract and promises to perform. Includes promise to pay for non-necessary goods or services. Enemy aliens: an alien has the same rights as a citizen in making contracts and in all other matters of private law. It defines indians much more narrowly than the constitution claims of creditors: any attempt to dispose of such property to an outside party is voice unless the transaction has been approved.
