Capacity

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

Resource summary

	Created by allie hatch over 5 years ago