Capacity

Question 1

Capacity is…

Answer 1

The ability to understand the nature of the transaction

Question 2

Minors are…

Answer 2

People under the age of 18

Question 3

Minors cannot…

Answer 3

Enter into a contract (unless its life insurance or contract of service)

Question 4

Mental disorder elements

Answer 4

The MDP proves that she/he did not understand what he/she was doing when entering into the contract because of the mental disorder; and

that the other party was aware at the time the contract was entered into by someone with a mental disorder

Question 5

what is a guardian ad litem?

Answer 5

Someone who steps into act legally for some who can’t.

Question 6

Intoxincation elements

Answer 6

The intoxicated person must prove that he/she was not able to appreciate what he/she was doing when entering into a contract as a result of being intoxicated; and

That the other part was aware at the time the contract was entered into of the IP’s intoxicated state.

Question 7

Companies elements

Answer 7

A company or guarantor of the company may not assert that it did not have the capacity to enter a contract; unless

The person with whom the contract was made did or should have known that the constitution restricted the companies capacity to contract