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Flashcards in Intention and Capacity Deck (14)
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1
Q

intention to create legal relations

A

the parties intention that their agreement be binding in law, not just morally

2
Q

intention and family members

A

the courts believe that family members or social nature that the parties do not intend to create legal relations

3
Q

commercial agreements

A

there is a presumption that the parties intended to create legal relations (claimant does not generally have to proof it)

4
Q

natural

A

individuals

5
Q

artificial

A

corporations

6
Q

general rule of natural persons

A

have full contractual capacity

7
Q

minors

A

under 18s are to be protected but not prevented from entering contracts

8
Q

binding contracts for minors

A

contracts for necessaries (goods or services for lifestyle)

9
Q

general rule minors

A

general rule is that all other types of contracts entered in to by minors are voidable while being a minor or within reasonable time after reaching majority (becoming 18)

10
Q

mentally disordered persons and drunken persons

A

treated similarly
contract is considered (if incapacitated person wants)voidable if they can prove that they were insane or drunk and did not know what they were doing AND the other party was aware of their condition

11
Q

Aliens

A

from another country

12
Q

general rule: aliens

A

-full capacity to enter contracts

13
Q

enemy alien

A

citizen of a country which is in conflict with land of interest

14
Q

enemy alien rule

A

can not sue in British Court but the may be sued and therefore can defend a legal action against them