Capacity Flashcards
(5 cards)
A boy is 17 years old and a popular child actor. He wins a role in a film and he moves to London to film it. The production company making the film does not provide accommodation for the actors. Consequently, the boy rents a flat and signs a six months tenancy agreement. Three months later, the boy departs from the filming and London as he is homesick, and he returns to live with his parents at their home.
Can the landlord enforce the tenancy agreement against the boy?
(a) No, the tenancy agreement is not enforceable against the boy as he is a minor.
(b) No, the tenancy agreement is not enforceable against the boy as the flat cannot be regarded as a ‘necessary’.
(c) Yes, the tenancy agreement is enforceable against the boy as the flat can be regarded as a ‘necessary’.
(d) Yes, the tenancy agreement is enforceable against the boy as it is a contract of employment and for his benefit.
(e) No, the tenancy agreement is not enforceable against the boy as it is in his best interests not to be bound by the agreement.
(c) Yes, the tenancy agreement is enforceable against the boy as the flat can be regarded as a ‘necessary’.
Generally, a person is not bound by a contract entered into under the age of 18 However, a contract to provide a minor with ‘necessaries’ is binding upon the minor. Under the Sale of Goods Act 1979 s 3(3), ‘necessaries’ means goods suitable to the condition in life of the minor or other person concerned and to their actual requirements at the time of the sale and delivery. As a child actor in a new city new city where he does not have accommodation, the landlord should be able to persuade the court that the flat was a ‘necessary’.
Which of the following statements is correct regarding the contractual capacity of a minor?
(a) A minor who lies about their age is bound by a contract they entered into.
(b) A minor is not bound by a contract which he enters into during their minority.
(c) A minor is bound by a contract of employment but only if it is for their benefit.
(d) A minor can enter into a contract for necessaries and they must pay the actual cost of the necessaries supplied.
(c) A minor is bound by a contract of employment but only if it is for their benefit.
In a contract involving a minor, which of the below is most likely to be regarded as a contract for necessaries?
(a) A weekly grocery shop.
(b) A subscription to a cosmetics company.
(c) A contract of employment.
(d) The sale of a games console.
(a) A weekly grocery shop.
What does capacity to contract mean?
(a) A person’s ability to understand the terms of a contract.
(b) The ability of a person to enter a binding contract.
(c) A person’s ability to perform the requirements of a contract.
(d) The number of contracts a person can enter at a given time.
(b) The ability of a person to enter a binding contract.
Adults of sound mind have full contractual capacity. However, minors, the mentally incapacitated and those intoxicated have limited contractual capacity.
A 16 year old boy cycles to and from school every day. He no longer likes his bicycle as he thinks it is old. He tells his neighbour he is 19 years old and agrees to buy the neighbour’s motorbike for £199. After taking delivery of the motorbike, the boy refuses to pay for it.
Which of the following statements is correct?
(a) The neighbour cannot enforce the contract against the boy as he is a minor.
(b) The contract is voidable because the boy lied about his age.
(c) The neighbour can enforce the contract against the boy as the boy lied about his age.
(d) The boy is bound by the contract as it is for necessaries and for his benefit.
(a) The neighbour cannot enforce the contract against the boy as he is a minor.
The neighbour cannot enforce the contract against the boy as he is a minor and the motorbike is unlikely to fall under the exception of necessaries.
