Capacity Of Minors In Contracts

Capacity Of Minors In Contracts A contract involves s a promise between two persons for the exchange of either good or services. A contract signifies the free consent of the parties to the contract to be bound by law. For a contract to be valid, it must have these basic elements: mutual assent, consideration, capacity, and legality. Mutual assent is characterized by offer and acceptance through mutual accent; consideration, on the other hand denotes any form of compensation with something of value for the goods or services traded. A contract between persons, either natural persons or legal persons, who have no capacity to contract can either be voidable or void depending on the case. Legality gives the condition that should be satisfied for a contract to be excised by the law. Illegal contracts are for example those involving illegal activities. For example one cant bring a plea of damages to a court of law for breach of a contract entered into to kill another person. The possible remedies for breach of contract are; consequential damages, general damages, , and specific performance. This paper will examine the capacity to contract as pertains to contracts entered by minors minors. Keywords: capacity, contract, capacity, legality, consideration, mutual accent void/voidable. Capacity of Minors in Contracts Capacity to contract relates to both natural and artificial persons. Although the general case is that an adult of sound mind will have full capacity to contract, they may claim that the contract is not enforceable due to such reasons as undue influence, or mental incapacity at the time of entering into the contract. Contractual capacity also does apply to corporate. The age of a minor may vary from country to country but the most states put the age at 18 years. The genera rule that bound contracts entered with minors are that they are not legally liable for any contract which they enter into whether willingly or not (Koffman Macdonald, 2007 p. 476). This does not however remove the burden of performing the contract for the other person to the contract. If the breach the contract, they are liable to the minor for damages. If however the minor when they attain the age of minority choose to ratify the contract, they are legally bound from the date of ratification. If the minor upon reaching the age of majority chooses to end the contract, he relieves himself of any liabilities that the contract placed on him. There are however some contracts which when the minor enters into, he is bound by. These include the contracts for supply of necessaries, employment or beneficial contracts and those for analogous supplies. There is another category of contracts which are voidable at the option of the minor but are binding on him upon reaching the age of majority and does not repudiate them within a reasonable time after that (Koffman Macdonald, 2007). Among the contracts that form the major part of exception for the general rule of lack of capacity of minors is the contract that relate to provision of necessity. The law require that the other part to the contract to prove that the contract that they entered into with the minor is for necessity (Nash v Inman 1908). Necessities include both goods and services. In chapel v cooper (1844) it was held that a contract entered by a minor to bury his father was a contract of necessity. The case will decide whether the contract is for necessity subjectively and this will even depends on the social status and age of the minor. Generally, the things regarded as necessary are those which a person cant live without such as food but articles for luxury are mostly disallowed irrespective of the class of the infant contractor (Chapler v Cooper per Alderson ). The sale of goods act however defines goods of necessity as those goods sustainable to the condition of life of the minor (peter v Fleming ( 1840)) (Contracts, 2010). In this case a breast pin and a watch chain were considered as necessities. A person cannot rely on the fact that the terms to the contract are harsh or onerous to remove the contract from the generally beneficial category. This was seen in Barnes V. Smethurst where it was the court held that the existence of such terms may make the unenforceable against the minor (Anson Huffcut, 1899). This exception is based on the foundations of the minors obligation to make fair payments for the goods that they received irrespective of the satisfaction that they get from the goods. This removes the minors liability incase the contract is a purely executory one (Nash v Inman (1908)). The second exemption to the general rule relates to employment and analogous contracts. This is based on the value that prevents a minor from seeking skills that will enable them to earn a living. This is the reason why employment and analogous contracts are enforceable on the minor provided that the contract as a whole is beneficial to the minor (Koffman Macdonald, 2007 p. 469). In Clement v London and north western railway co. (1894), the courts held that the contract as a whole was beneficial to the client and prevented him from claiming under the 1880 act since the insurance contract covered him from even those injuries that were not due to the negligence of the employer. It was therefore ruled that on the overall, the contract was to the advantage of the minor. There are some contracts that are considered a beneficial to the minor. These include contracts for services such as those of education, training, apprenticeship. If these contracts contain clauses that are not overly beneficial to the minor, the minors liability to in the contract will be waived such as in De Francesco v Barnum (1889). Although the law gives a minor protection from contractual obligation on them, they are liable under tort and also if they are emancipated. Minors are liable, in tort, provided that the tortuous activity is not one that will not amount to enforcement of a contract. In R. Leslie ltd V Shiell (1914), the court held that the plaintiff could not recover the amount in loan from the minor who had misrepresented his age since the courts would have been enforcing a contract that is not otherwise binding on the minor. This is also the case where a minor guarantees a loan (Koffman Macdonald, 2007). The law also seeks to provide protection to these who deal with minors. If a minor escapes a contract for example for rent, they can be sued for rent that has accrued during their stay in the house but not that part which is not yet due. To protect the suppliers, the law will prevent the minor from claiming the money that they have already paid whether or not the contract was for the supply of necessities (Abbott, Pendlebury, Wardman, 2007). Equity will not allow the minors to seek specific performance against the other party to the contract since equity will not allow for specific performance against minors. This statute and that of subrogation see to protect the other party to a contract with the minor while at the same time seeking to uphold the interests o f the minor (Abbott, Pendlebury, Wardman, 2007 p. 115). Emancipation on the other hand gives the minor some adult rights. Emancipation refers to freeing someone from the control of another. A minor is emancipated from the parents upon getting legally married, when they reach 18 or when in active duty with the armed forces of the United States (Emancipation of Minors). When one is emancipated, their parents no longer have control over their affairs and are also not legally bound to pay for damages the minor causes to others properties. This means that they will be liable for the breach of contract that they enter into regardless of whether they are of necessity or not. The laws reacting to capacity to contract can vary from state to state to state as well as from country to country. In the US, the major variation on the minors capacity to contract is o the age of minority which varies from state to state. However, most states put the age at 18 but this ac vary to up to 21 years in other states. Another law tat varies from individual state is that relating to disaffirmance of voidable contracts. Some states will allow disaffirmance for tort violations while others dont if the consideration cannot be returned. Different countries have different laws regarding minors capacity in a contract and especially as regards to age of minority. Most countries have the ages of a minor fixed at 18. These include countries like New Zealand, Canada and Australia while others disregard the age especially where the minor engages is serious crimes and he is tried like an adult. In the US, the age is 18 but different states will vary the age based on their cultural diversity (Contracts, 2010). The US laws allow the minors to consent on matters affecting them such as on use of contraceptives, abortion and treatment for alcohol and drug abuse. They are also allowed to seek expert help from doctors on such matters as reproductive health and other confidential services that they would rather not do with their parents. They can therefore enter into legally binding contract to get those services. The issue of incapacity applies due to the need to protect the person who is incapacitated (or in the case of companies, the shareholders) but at the same time not treat so harshly the other party to the contract. This is always the case because the incapacitated person may not comprehend the effects that the contact as pertains to the on the rights of the other person to the contract. The laws of capacity of a minor because they help to form legal boundaries that ensure that minors are not exploited. This is especially in regard to minors whose parents have left them vast estates. In such cases, since the minor will not always act in a way that is of best interest to the estates that they inherit, expert trustees are put in charge of taking care of the estate until the person reaches the age of majority when they can make independent and well informed choices. Standardization of the legal age and the rules that govern contracts with minors is important to those who deal with them since although the contract with a minor creates legal liability to the other party to the contract and not the minor, standardized definition of the minor is helpful to avoid losses that accrue due to contracts with incapacitated persons Conclusion The law of contract is especially important since most of the transactions that we carry out on a day to day basis involve contracts. As such it is important to lay guidelines as to when a contract is valid and can be exercised by law and when its void. Contracts with minors on the other hand present special challenges since minors may not always act in their best interests. The laws of different states have well laid down laws that are the basis for dealing with cases that involves minor contracts. Most of these laws are based on UK common law and the law of equity. Equity will seek to protect the other party to the contract from the actions of the minor to ensure that they dont suffer unduly when they deal with the minor. The two important statutes of equity are those based on subrogation and specific performance.

Cinderella Trend Analysis

Cinderella, directed by Clyde Geronimi, is a movie about a pretty girl who has been made a servant by her ugly stepmother and stepsisters, and deserves a better life. Cinderella is the fairy tale basis for all other movies, in which the underdog prevails against all odds. Ever After, directed by Andy Tehnant, is a movie based on Cinderella. Besides some differences in characters and a change in setting, it has the same good beats evil concept. Maid in Manhattan directed by Wayne Wang is a newer version. It brings motherhood and a difference in ethnicity to the table. Although the servant girl also prevails in this newer version, she does so by working hard at her job and keeping her independence. The article, â€Å"Fairy Tales and a Dose of Reality†, by Catherine Orenstein, is about the non-realistic fairy tales that media today still displays. Between picking bachelors and winning game shows, these unrealistic shows give people false perceptions. â€Å"Commercialism, Materialism, and the Drive to Fulfill Beauty Ideals in the United States† by Katie Hickey, is an article that discusses some of the media affects on girls. All of these sources deal with the trend of girls trying to become the perfect image. During the process of idealizing the perfect image, many girls suffer psychological problems with themselves and their own body image. Since the times when artists inaccurately drew their models to create a more appeasing painting, the media has always touched up women. This trend is demonstrated from paintings, magazines, fairy tales, and television. Shows like â€Å"The Bachelor† and â€Å"Joe Millionaire† demonstrate how easily won over a man can be by a simply beautiful woman. Many of the women are far from intelligent but one standard to be a participant seems to clearly be looks. From Katie Hickey's article, â€Å"women stare at beautiful female faces out of aesthetic appreciation, to look for potential tips-and because a beautiful woman could be a rival worth monitoring†. Women in media almost always measure up to the physical perfection standard. Because of this, competition also is a motive in this trend. People learn from fairy tales that if a prince gets a choice between two women, he will pick the most attractive one. This is true for everyone and is pure genetics. One of the first lessons taught is to not judge from the outside, but that it is what’s inside that counts. Realistically, first impressions are mostly visual and make huge impacts. People understand this and go to the media to know what they are supposed to look like. Causes that lead this trend to continue are mostly pressure from expectations of society. Media, advertising, and fairy tales people grow up with, all play a role. In Ever After, Jacqueline is treated worse than her sister is because their mom believes she could not possibly have a chance with the prince. Margaret, however, is displayed as a petite figure with blue eyes and blonde hair while her sister is thicker in size with black hair and brown eyes. Margaret gets special treatment and the adoration of her mother while Jacqueline, at one point, even gets chores thrown at her like she is a servant. Again, in Cinderella, the stepsisters are portrayed as ugly and deviant without a chance at the prince. Cinderella on the other hand, is petite, blonde-haired, blue-eyed, and although she is deviant, viewers long her to win the prince’s heart. She lies just as much as the stepsisters but has more of a chance at the prince because the charming prince could only want a charming wife. When young girls grow older, they drop the fairy tale role models and move on to models that are more realistic; the ones on television that are lean, mean, dieting machines. Mothers always tell their daughters not to idolize models because the magazines use effects and touch-ups to create their beauty. Although this is true, those models are still something to compare to and thus still create a competition atmosphere. They are the ones that create the fashion, hair, and make-up fads. They are the ones people read about getting thinner and getting plastic surgery. Why should advertisers stop this? After all, â€Å"In 2006 alone, the top 20 global beauty companies accumulated one hundred and four billion in sales† (Hickey). Television is broadcasted for one thing and that is to sell. As long as people are willing to buy, these media messages will not be stopped. The social impact of this trend is the growing amount of girls and women with bulimia, anorexia, drugs, and plastic surgery. With the perfect bodies and models in majority of the media, the next step for the women around the world is a quick and easy way to have the same image. With new technology, there is more and more ways to quickly change your body, many being in unhealthy ways. †According to a survey, sixty-seven percent of women in the U. S. between the ages of twenty-five and forty-five are trying to lose weight. Fifty-three percent of these sixty-seven percent are already at a healthy weight and are continuing to try to lose more† (Hickey). In Maid in Manhattan, Marisa Ventura does not get noticed in her aid uniform. It takes her dressing up in expensive clothing to get a man to notice her. This is the same in Cinderella and Ever After. Not only do the men not notice the underappreciated women, but when they find out the women are lower class, the men are furious and appalled. The message that is getting across to women is if you are not naturally a Cinderella, change yourself to become what society expects to be able to be saved by prince charming. The pressures of media and of having a perfect body image can cause psychological problems to many. When young girls grow up reading fairy tales and happily ever afters, the princess who prevails is clear to them. As girls get older, this trend does not go away, it only changes idols. Pressures of the media, friends, and even pressures of one’s own standards can cause things like bulimia, anorexia, or the rise in plastic surgery. This will also cause many health problems to more and more girls at strikingly younger ages. Self-esteem can also be lowered when constantly comparing one’s self to the high standards the media feeds us. This trend is likely to continue because of advertising, and expectations of society.

Professional Research Papers - an in Depth Anaylsis on What Works and What Doesnt

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Ap European History Outline Chapter 10 Essay example

Mr. Dunbar AP European History Chapter 10 Outline: Renaissance and Discovery Section One: The Renaissance in Italy * Section Overview * Jacob Burckhardt, a Swiss historian, described the Renaissance as the â€Å"prototype of the modern world† in his book Civilization of the Renaissance in Italy (1860) * In Italy blossomed new secular and scientific views * People became to approach the world empirically and draw rational conclusions based on observation * Burckhardt saw the emergence of the modern world emerge from that of the pre-modern, or medieval, period * Some criticize Burckhardt for overlooking the continuity between the Middle Ages and the Renaissance * Scholars agree†¦show more content†¦* Despotism in Florence * Cosimo’s grandson, Lorenzo the Magnificent, ruled Florence in a totalitarian fashion during the last quarter century of the fifteenth century * Lorenzo’s brother had been assassinated by a rival family, the Pazzi, who had long plotted with the pope against the Medicis which made Lorenzo a cautious ruler * Desp otism throughout Renaissance Italy * Oligarchies, or a small group of wealthy elites, hired strongmen, or despots, known as podesta to maintain law and order * Podesta held executive, military, and judicial authority, and had the task of maintaining the normal flow of business activity in the city state by whatever means necessary * Condottieri—military brokers who sent mercenary armies who were hired by the despots of the different city-states; since the despots could not rely on the loyalty of their divided populaces to serve as soldiers, they relied on mercenaries who they contracted through condottieri * Some despots, like the Visconti and Sforza families in Milan, came to rule their respective city-states free from interference from oligarchies * Political turbulence and warfare of the Renaissance period gave rise to the art of diplomacy and many despots established resident embassies and appointed ambassadors to other powerful city-states and nations * Humanism * Schola rs debate over the meaning ofShow MoreRelatedWhat Aspects Of Human Life Remain The Same Across All Three Groups2974 Words   |  12 Pagestransformation from hunting and gathering to agriculture probably occur? 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Taylor, III Organization of This Text: Part I – Operations Management Intro. to Operations and Supply Chain Management: Quality Management: Statistical Quality Control: Product Design: Service Design: Processes and Technology: Facilities: Human Resources: Project Management: Chapter 1 (Slide 5) Chapter 2 (Slide 67) Chapter 3 (Slide 120) Chapter 4 (Slide 186) Chapter 5 (Slide 231) Chapter 6 (Slide 276) Chapter 7 (Slide 321) ChapterRead MoreWhat Are the Impacts of Rfid in Oil and Gas Supply Chain Management?21195 Words   |  85 PagesCONTENTS: Executive Summary †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 5 Acknowledgements †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 6 Table of contents †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 Definition of Terms/Abbreviations †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 10 List of figures †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 11 Chapter 1: Introduction to the study †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 12 Introduction to the problem †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..14 Importance of the Study †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦14 Rationale of the Study †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦