Blog Archive

Saturday, May 19, 2018

CAPACITY CONTRACT LAW

CAPACITY SKELETON NOTES

Cases and Authorities

Contracts entered into by minors


Binding

  • For the supply of necessaries


Sale of Goods Act section 2
Nash v Inman


  • Contracts for beneficial services
Chapple v Cooper
Doyle v White City Stadium
Chaplin v Leslie Fremin

Voidable

Section 12 of Partnership Act
Section 13 of Partnership Act
Davis v Beynon-Harris

Void

They are -All accounts started with minors
               -Contracts for the supply of goods other than necessaries
               - Money lending contracts

Infants Relief Act(A statute of General Application)
Section 3 of Minors' Contracts Act(1987)
Leslie Ltd v Sheil
Valentini v Canali

Principle of Subrogation as explained in re:National Permanent Benefits Building Society LTD

Contracts entered into by drunken perons

Gore v Gibson
Matthew v Baxter

Section 4(2) of the Sale of Goods Act

Contracts entered into by persons of unsound mind

Section 4(2) of the Sale of Goods Act
Imperial Loan Co. Ltd v Stone

Contracts entered into by Undischarged bankrupts

Prohibited by Bankruptcy Act

Contracts entered into by Corporations

Contractual capacity of a registered company is defined by the Object's clause of the Memorandum. Other transactions not stated there are regarded Ultra Vires.

Ashbury Railways Carriage and Iron Co. v Riche



No comments:

Post a Comment