|
Created by allie hatch
about 5 years ago
|
|
Question | Answer |
what is capacity? | it is the person mentally/physically okay to get themselves into a contract |
what is this called ? | an adults sound of mind |
what can d either be ? | mentally disordered and intoxicated or a minor |
where is mental impairment defined ? | the mental capacity act 2005 s2 (1) |
what is a lack of capacity defined as ? | unable to make a decision for himself in relation to the matter |
when must this capacity take place ? | AT THE TIME OF CONTRACT |
What does s2 (2) say about this mental impairment ? | doesnt matter if it is permanent or temporary |
s3(1) describes the impairment in terms of the inability to... | a.) understand the info relevant to the decision b.) retain that information c.) to use or weigh out that info as part of making the decision d.) communicate his decision |
what is the case for intoxicated ? | Matthews v Baxter 1873 |
what classes as a minor ? | someone under the age of 18 years old |
what law must you use for a minor ? particularly which act? | a mix of common law and statutory rules minors contracts act 1987 |
is a contract made by a minor void? so will the minor have to be bound by it? what about the other party ? | no, not void no, the minor is not normally bound yes, the other party will be bound |
Want to create your own Flashcards for free with GoConqr? Learn more.