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Minors Contract Exceptions Explained
Summary
Minors typically cannot enter binding contracts unless exceptions like necessities or beneficial employment apply. Mental capacity is crucial for contract validity, as seen in Silvers case with Alzheimers, potentially voiding the contract. For Z, DVDs may not qualify as necessities, complicating NBPLs recovery efforts. In assault cases, defenses like self-defense, defense of others, or duress may apply, depending on circumstances. Legal advice is recommended for specific concerns.Full Conversation
Nambawan Roofs Ltd, a company which renovates roofs for houses employed Boss as their salesman. Boss attended the home of Silver to promote Nambawan Roofs Ltd’s roof renovations. Silver was a *-year man, suffering from Alzheimer’s disease which meant that he could not remember things, read documents or comprehend business transactions. After * minutes of discussion, Boss realised that Silver could not remember what they discussed * minutes previously, could not read the roof renovation contract and had trouble understanding that Boss was trying to sell him a roof renovation. So, Boss filled in the roof renovation contract on behalf of Silver and did not recommend that Silver get independent advice about the contract as he wished to make the sale so that he would win Nambawan Roofs Ltd’s award for “Salesperson of the Month”. Advise the parties as to whether there is a legally binding contract?
In the situation you described, there may not be a legally binding contract due to Silver's inability to understand the contract and give informed consent. Here are some key points:
- Capacity to Contract: A person must have the mental capacity to understand the terms and implications of a contract. Silver, suffering from Alzheimer's, likely lacks this capacity.
- Consent: Silver's inability to comprehend the transaction means he probably did not provide genuine consent.
- Unconscionability: The contract might be considered unconscionable due to Boss’s actions, exploiting Silver’s condition for personal gain.
It's advisable for Silver or his representative to seek legal advice to potentially void the contract.
- Capacity to Contract: A person must have the mental capacity to understand the terms and implications of a contract. Silver, suffering from Alzheimer's, likely lacks this capacity.
- Consent: Silver's inability to comprehend the transaction means he probably did not provide genuine consent.
- Unconscionability: The contract might be considered unconscionable due to Boss’s actions, exploiting Silver’s condition for personal gain.
It's advisable for Silver or his representative to seek legal advice to potentially void the contract.
Z turned 17 years old last month. He had decided that he wanted to become a policeman. He saw a pamphlet a pamphlet from Nambawan Books Pty Ltd (NBPL) which advertised DVDs of a TV police series called ‘Freswota Cop’. Z decided that the series would be good research for his police studies. He decided to order the DVDs at the bargain price of $* per DVD. There are * DVDs in the collection – so the total price was $* - with * DVDs to be sent out monthly. Z filled out the order form and went to the office of NBPL and paid $* vatu cash for the first * DVDs. The balance of $* was in six monthly instalments of $* each. sTILL COMING
Here are some key points regarding Z's situation:
- Minor's Capacity to Contract: Generally, minors (under *) cannot enter binding contracts unless exceptions apply, such as necessities or beneficial education.
- Nature of Purchase: DVDs for police studies may not qualify as necessities or education-related.
- Payment Terms: Instalment contracts might complicate the situation if Z decides to withdraw consent.
If Z or NBPL has concerns, consulting legal advice could clarify the contract's enforceability.
- Minor's Capacity to Contract: Generally, minors (under *) cannot enter binding contracts unless exceptions apply, such as necessities or beneficial education.
- Nature of Purchase: DVDs for police studies may not qualify as necessities or education-related.
- Payment Terms: Instalment contracts might complicate the situation if Z decides to withdraw consent.
If Z or NBPL has concerns, consulting legal advice could clarify the contract's enforceability.
In the first package of * DVDs, Z received a welcome letter from Mamu, the CEO of NBPL saying, “Thank you for ordering the ‘Freswota Cop’ set, we look forward to sending you the remainder of the DVDs in the next * weeks”. During the following six months, Z received the remainder of the ‘Freswota Cop’ DVDs. Z could not afford to pay the balance owing on the DVDs. In any event, Z had decided that being a policeman was not what he wanted to do and that, since watching the TV series ‘Stret Hospital’, he would prefer to become a doctor. Z had paid only one of the monthly instalments – so he had paid a total amount of only $*.
Advise Nambawan Books whether it can recover the balance owed by Z.
Case Rating: *
Here's some general legal information regarding the situation:
- Minor's Capacity to Contract: Minors generally cannot enter binding contracts unless exceptions apply, such as necessities or beneficial education.
- Nature of Purchase: DVDs for police studies may not qualify as necessities or education-related.
- Recovery: NBPL may face challenges recovering the balance due to Z's minor status unless the DVDs are deemed necessities.
Would you like to discuss further about how these rules apply or any specific concerns?
Here's some general legal information regarding the situation:
- Minor's Capacity to Contract: Minors generally cannot enter binding contracts unless exceptions apply, such as necessities or beneficial education.
- Nature of Purchase: DVDs for police studies may not qualify as necessities or education-related.
- Recovery: NBPL may face challenges recovering the balance due to Z's minor status unless the DVDs are deemed necessities.
Would you like to discuss further about how these rules apply or any specific concerns?
Sam has been charged with assault and Sally has been charged with unlawfully causing grievous bodily harm (or equivalent offences in your jurisdiction). Applying the law of your jurisdiction, are any defences of justification or excuse available to (a) Sam and (b) Sally?
Case Rating: *
In Honiara, the Solomon Islands, potential defenses for assault and grievous bodily harm may include:
- Self-defense: If the accused believed they were in imminent danger, they could use reasonable force to protect themselves.
- Defense of others: Protecting someone else from harm using reasonable force.
- Duress: If the accused was forced to commit the act under threat of harm.
Do you have any specific details about the circumstances surrounding Sam and Sally's actions? This could help in understanding their potential defenses better.
In Honiara, the Solomon Islands, potential defenses for assault and grievous bodily harm may include:
- Self-defense: If the accused believed they were in imminent danger, they could use reasonable force to protect themselves.
- Defense of others: Protecting someone else from harm using reasonable force.
- Duress: If the accused was forced to commit the act under threat of harm.
Do you have any specific details about the circumstances surrounding Sam and Sally's actions? This could help in understanding their potential defenses better.
use solomon islands
Case Rating: *
Based on your information, it appears you are exploring various legal issues in the Solomon Islands. Here are general insights considering your location:
- Contracts: In the Solomon Islands, contracts involving minors generally require special conditions to be valid, such as necessity or beneficial employment.
- Assault and Bodily Harm: Defenses may include self-defense, defense of others, or duress.
If you have specific questions or scenarios, feel free to elaborate for more tailored information!
Based on your information, it appears you are exploring various legal issues in the Solomon Islands. Here are general insights considering your location:
- Contracts: In the Solomon Islands, contracts involving minors generally require special conditions to be valid, such as necessity or beneficial employment.
- Assault and Bodily Harm: Defenses may include self-defense, defense of others, or duress.
If you have specific questions or scenarios, feel free to elaborate for more tailored information!
what is dures
Case Rating: *
Duress refers to a situation where someone is forced to act against their will due to threats or pressure, making any agreement or action potentially invalid. If you have more information about a specific legal scenario involving duress, feel free to share!
Duress refers to a situation where someone is forced to act against their will due to threats or pressure, making any agreement or action potentially invalid. If you have more information about a specific legal scenario involving duress, feel free to share!
Make a response to this issue "Sam has been charged with assault and Sally has been charged with unlawfully causing grievous bodily harm (or equivalent offences in your jurisdiction). Applying the law of your jurisdiction, are any defences of justification or excuse available to (a) Sam and (b) Sally?"
Case Rating: *
In Honiara, Solomon Islands, Sam and Sally might consider the following defenses:
- Self-defense: If they believed they were in imminent danger, reasonable force could be justified.
- Defense of others: Protecting someone else from harm.
- Duress: If they were forced to act under threat.
Understanding the circumstances of each case could provide more insight into these defenses.
In Honiara, Solomon Islands, Sam and Sally might consider the following defenses:
- Self-defense: If they believed they were in imminent danger, reasonable force could be justified.
- Defense of others: Protecting someone else from harm.
- Duress: If they were forced to act under threat.
Understanding the circumstances of each case could provide more insight into these defenses.
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