Capacity (27)

Question 1

common law rule surrounding minors and contracts

Answer 1

Minors arent generally bound by any contracts except for
- necessaries
- beneficial contracts of service
- voidable contracts (where they dont rescind)

Question 2

Where the age of a minor was reduced from 21 to 18

Answer 2

Family law reform act 1969

Question 3

Where minors are legally bound by contracts for necessaries

Answer 3

chapple v cooper
a minor whose husband died was liable to pay the undertakers considering the funeral was a necessary
Nash v Inman
the minor was supplied tailored goods worth 122 pound and since clothing was a necessary, he was liable to pay for these

Question 4

s3 of the sale of goods act 1979

Answer 4

for a valid and enforceable contract to exist, the goods need be supplied and the minor is only obliged to pay a reasonable price

Question 5

where the terms of a beneficial contract of service need to substantially benefit the minor for them to be bound by it

Answer 5

Clements v London and northwestern railway company
the minor couldnt claim he wasnt bound by his employers scheme as it benefited him substantially

Question 6

where a minor isnt bound by a beneficial contract of service as it didnt benefit them substantially

Answer 6

De Francesco v Barnum
the girl wasnt bound by the contract as it didnt benefit her substantially

Question 7

Where courts have become more lenient as to what is binding on a minor

Answer 7

Doyle v White city stadium ltd
the contract subsatantially benefited him as it encouraged clean and proficcient fighting

Question 8

where a minor attempted to repudiate a voidable contract too late

Answer 8

Edwards v Carter
He tried to repudiate a marriage settlement where he agreed to transfer money he would inherit. He did this a year after inheriting the money and 4.5 years after no longer being a minor thus it was unsuccesful

Question 9

where a minor is liable for any debts that arose prior to any obligations

Answer 9

steinberg v scala (leeds) ltd
a minor bought shares that were to be paid for in 2 installments but she was unable to pay the second one. It was held she could repudiate the contract but couldnt recover the sum paid in the first installment

Question 10

minors contracts act 1987

Answer 10

states that a contract made by a minor is unenforcable and cant be binding
- even if the minor isnt bound, the other party will be
- if a minor already paid money under the contract they may be able to recover it if no consideration was made
- when the minor turns 18 they can ratify the contract if they wish
- ratification can be implied simply by the minor continuing the contract