BU231 Chapter Notes - Chapter 8: Legal Personality, Ultra Vires, Enemy Alien
Document Summary
Chapter 8: formation of a contract-capacity to contract and. The burden of proving essential elements of a contract. Offer, acceptance, and consideration for the promise the court will ordinarily presume an intention to create legal relations. At that point, the court will also presume that 2 additional elements are: the defendant has the capacity to make a contract, and the contract is legal. Minor or infant = a person who has not attained the age of majority according to the law of his or her province. When a minor owns assets or needs to contract her legal guardian or parents are ordinarily empowered to look after her affairs. Necessaries and beneficial contracts or service food, clothing, lodging, medical attention, legal advice and transportation(getting to and from work) A minor is bound by any contract for supply of necessaries, essential. Not bound to pay the contract price as such, but rather a reasonable goods, and services price.