capacity and legality chapter 12. capacity contractual capacity – the threshold capacity required...
TRANSCRIPT
![Page 1: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/1.jpg)
Capacity and Legality
Chapter 12
![Page 2: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/2.jpg)
Capacity
• Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be bound by that contract– Usually assumed
• Minors (voidable)– Can disaffirm a contract by just expressing intent to do so– Can disaffirm until they reach age of majority or a
reasonable amount of time after– Some states just require that merchandise be returned– Others have an additional requirement:
![Page 3: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/3.jpg)
More on Minor Contracts
• Can still disaffirm in some states even if you misrepresent your age
• Other states hold you liable for any torts brought by the other party
• Minor can disaffirm contract for necessities– However, liable for goods used– Three step test 1) item must be necessary for minors
existence 2) level of value must be necessary to sustain social status or way of life 3) minor must not have guardian
– Insurance and Loans may be necessities in some states
![Page 4: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/4.jpg)
Minors Concluded
• Minors allowed to ratify contracts– Ratification – the act of accepting and giving force to
an obligation that previously was not enforceable
• Have reasonable amount of time to disaffirm after reaching age of majority
• Parents – not liable unless it’s a contract for necessities
• Emancipation – divorcing your child
![Page 5: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/5.jpg)
The Intoxicated And The Insane
• Intoxication– General Rule: If a person is sufficiently intoxicated then the
contract is voidable• It does not matter if the intoxication was voluntary• If intoxicated but still able to understand consequences of
actions then its not voidable• Intoxicated person probably has burden of proof
• Mental Insanity– Void – if adjudged mentally insane– Voidable if its proven that the person is mentally
incompetent– Not voidable if you had a lucid moment and have not
been adjudged as being mentally insane by a court
![Page 6: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/6.jpg)
Legality
• Usury– Prohibits contracts that charge an excessive rate
for interest– Penalties vary by state (may lose right to collect
any interest
• Gambling– Varies by state (Most states allow for a tax on
the mathematically challenged aka “The Lottery” )
![Page 7: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/7.jpg)
More On Contracts
• Sunday laws prohibit often prohibit contracting on Sunday– Some states allow an exception for contracts for
necessities
– Often unenforced by authorities
• Licensing Statutes– Have to be licensed to be a doctor , lawyer, c.pa.
• Contracts with unlicensed individuals may still be enforceable in some states
![Page 8: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/8.jpg)
Public Policy
• Public Policy automatically voids contracts such as those selling children– Contracts in restraint of trade
• Usually involve covenant not to compete– Which is a covenant not to build a new store for a period
of time close to the one being sold (has to be reasonable)
• Employment contracts– Important in employment contracts of salespeople
![Page 9: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/9.jpg)
More Public Policy
• Unconscionable Contracts– Has to be a pretty outrageous contract
• Procedural Unconscionability– No time to read the terms– Too much legalese– No time to ask questions
• Substantive Unconscionability– Must “shock the conscious” of the court
![Page 10: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/10.jpg)
Exculpatory Clauses
• A clause that relieves a contracting party from liability in the event of monetary or physical harm– Often seen in employment contracts– $$ limits arise in lease contracts– Can be found as contrary to public policy– Can be used by amusement parks
![Page 11: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/11.jpg)
Effects of Illegality
• Usually the court will just ignore the contract– Thus, if you paid for the prostitute – you are out
of luck because you can’t get your $$ back– Exceptions to the rule
• Ignorant of the facts of illegality– You did not know the goods were stolen
• Members of Protected classes– Eg. Employees who singed exculpatory contracts
![Page 12: Capacity and Legality Chapter 12. Capacity Contractual capacity – the threshold capacity required by law for a party who enters into a contract to be](https://reader035.vdocuments.us/reader035/viewer/2022071716/56649f045503460f94c185d9/html5/thumbnails/12.jpg)
More exceptions
• Fraud, duress, or undue influence
• Severable, or Divisable Contracts– If a court can separate the legal and illegal parts
you may be able to recover damages.