BU231 Lecture Notes - Ultra Vires, Diminished Responsibility, Willful Blindness
Document Summary
Can you make the intention to form yourself legally. Until you are 18 do not have capacity to enter into a contract. Only other option to make it completely subjective. Other part of party knew they were in this state, you might not know they are mentally incompetent, have to demonstrate that you were aware of this fact. Willful blindness not allowed, should be raising question is this person mentally competent. Word insane, legal term, covers all mental competentence. Labour unions not considered to be persons in law. Certain situations for example province of ontario, grants labour unions right to sue/be sued. Enemy aliens, loses capacity to enter contracts in canada. Any contract liability to canada, entire contract will be void. First nations people leaving on reservation have diminished capacity. Created relationship where land is not actually owned by natives, it is held in trust for them. Legal title of the land do not have capacity to enter into contract.
