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Flashcards in 3. Age and Legal Capacity Deck (12)
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1

What did the Age of Legal Capacity Act 1991 state?

Child up to the age of 16. PRRs end for parents when you turn 16, apart from guidance

2

What is the general rule as per section 1?

No one under 16 has the legal capacity to enter into any transactions

3

What is the exception?

Responsible for a crime

4

What are the exceptions to the general rule?

1. Commonly entered transactions
2. Anyone over 12 can make a will
3. Under 16 can consent to surgical, medical or dental treatment if by qualified practitioner

5

What is a case for medical?

Gillick v West Norfolk Health Authority (England)

15 year old sought contraceptive, mum wanted to know. HL said doctor allowed to say no

6

Do we have magic 12?

No, under 16 when considered mature enough

7

Another right under 16?

Can instruct a solicitor given they have maturity

8

What is the relevance of 12?

Person of 12 will be presumed to be of sufficient age and maturity. Can be rebutted.

9

Case of Mother wanting to take kids to Australia?

Fourman v Fourman

10

Fourman v Fourman

Divorced couple, mother wants kids for Australia. 14 year old entered the action. Held wasn't in interest of the child.

11

Another Australia case?

Shields v Shields

12

Shields v Shields?

Mum wanted to take 7 year old to Australia, boy was 9 when it got to court. Boy considered mature enough to give his view. Stayed in Scotland