ELEMENT 5 : CAPACITY

Question 1

Chapple v Cooper (1844)

Answer 1

• A minor’s husband died
  -she hired undertakers which she later refused to pay
• deemed necessary and under obligation to bury her husband

VALID : NECESSARIES

Question 2

Nash v Inman (1908)

Answer 2

• Minor ordered 11 waistcoat and changed his mind
• held the contract was enforceable as he already owned enough clothes.

VALID : NECESSARIES

Question 3

Clements v London North Western Railway

Answer 3

• the minor wished not to be bound by the employer’s scheme
• the employer has insurance that covers DIFFERENT type of accidents but for LESS MONEY
• minor wants MORE MONEY for less type of accidents
• held the court will ruled for what the court deemed is beneficial for the minor oppose to what the minor wants

VALID : BENEFICIAL CONTRACT OF SERVICE

Question 4

De Franseco v Barnum (1830)

Answer 4

• a 14 year old girl joined a 7 years apprenticeship
• the pay was poor as no obligation to maintain her
• contract was terminated due to unfair contract

VALID : BENEFICIAL CONTRACT OF SERVICE

Question 5

Doyle v White City Stadium (1935)

Answer 5

• a contract where it states the minor as a professional boxer will lose his pay if he is disqualified
• held contract was binding as it encouraged the minor

VALID : BENEFICIAL CONTRACT OF SERVICE

Question 6

Edwards v Carter (1893)

Answer 6

• minor tried to repudiate marriage settlement after 4 and half years, ceasing to be minor.
• held repudiation too late.

VOIDABLE CONTINUING OBLIGATION

Question 7

Steinberg v Scala (1923)

Answer 7

-Minor bought shares
-made first payment but couldn’t make second
- held could repudiate contract and not pay second payment but can’t claim for first payment

VOIDABLE CONTINUING OBLIGATION