BU231 Chapter Notes - Chapter 7: Embezzlement, Enemy Alien, Legal Age
Document Summary
The burden of proving essential elements of a contract: cant get a four year old to make a contract. After legal relation created: defendant capacity to make contract, contract is legal. If both are not true exempt from obligation. Legal capacity: ability to understand a legally binding contract. Even if all the legal aspects of the contract are there person must have capacity to accept. Minor/infant: person who hasn"t attained age of majority according to province. Contract not binding on minors side but binding on others side whether he knows or he doesn"t know he"s dealing with a minor. Minors have legal guardians (parents) who tend to take ownership of these affairs. A minor is bounded by any contract involving necessaries: necessaries: essential goods and services. If the minor is charged a higher price than other customers courts make the price reasonable: does not include purchase of vehicles. Beneficial contracts of service: contracts of employment/apprenticeship for minors benefit.
