• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Civil Obligations - Agreements

Extracts from this document...

Introduction

YEAR 12 SENIOR LEGAL STUDIES CIVIL OBLIGATIONS - AGREEMENTS Minors Capacity to Contract Geoff Shaw We are required to undertake an inquiry of a legal issue facing Queensland society. We are to write an essay response and also create an A4 pamphlet informing a senior school audience of our topic. We are required to consider the key question: What rights and responsibilities do individuals have regarding contracts? A contract is a legally binding document, and for a contract to exist both parties must have contractual capacity. There are certain persons and classes of persons that lack the capacity to enter into a contract. The consequences resulting from entering a contract such as this , is that the contract will not be enforceable. The lack of capacity now stems from a fear of vulnerability to exploitation. Any person is competent to bind themself to any contract they choose to make, provided that it is not illegal or void for reasons of public policy. An example of exceptions to this law are minors. Minors are just one of the many groups that are included in this rule. Under common law people under the age of 18 are designated as "minors" and only have a limited capacity to enter a contract. ...read more.

Middle

Perhaps the contract in Roberts v. Gray belongs more so to the category of beneficial contracts of service, rather than being defined as 'necessaries'. A contract is not binding on behalf of a minor merely because it is proven to be for the minor's benefit instead a contract which would otherwise be binding by being deemed as a contract for necessaries is not so if it contains harsh and onerous terms this can be shown through the case of Fawcett v. Smethurst (1914) 84 LJKB 473. It is for the minor's benefit that they should be able to obtain employment which would be difficult if he was not capable of entering a binding contract. The law allows the minor to do so, providing that the contract, taken as a whole, is manifestly for his benefit. So when a young railway porter agreed to join an insurance scheme and to forgo any claims he might have under the Employers' Liability Act, he had forfeited his rights under the Act, the contract as a whole being for his benefit. Contracts enabling a minor to pursue a career as a professional boxer and as an author have been held binding as being for their benefit as proclaimed in Clements v ...read more.

Conclusion

act 1970 provides that a guarantee of a minor's contract is not unenforceable against the guarantor merely because the contract made by the minor is unenforceable against him on the ground that he is a minor. The section does not apply if the contract made by the minor is unenforceable against him for some other reason, for example misrepresentation or duress by the adult party. In such a case the guarantor would not be bound. From this we are able to see various conditions regarding a contract. When entering a contract, both parties have to have contractual capacity. There are exceptions from this law these exceptions can be classified by persons or groups of persons. A major group included in these exceptions are Minors. Under the Minors (Property & Contracts) Act 1970, with minors being excluded in the contract law a minor can still get a job, only if they take the contract as a whole and is manifestly best for the minors benefit. These laws have been put in place as due to the fear that due to the lack of the minor's capacity some people could take advantage of them and exploit them. Any person is competent to bind themself to any contract they choose to make, provided that it is no illegal or is voidable by contract terms. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related GCSE Law essays

  1. Marked by a teacher

    Law - Resulting trusts

    4 star(s)

    These factors reflected the policies lying behind the illegality defence and would enable the court to reach clearer and more just decisions, by more straightforward and open reasoning. When looking at the presumption of advancement, The Office of Law Reform wrote a paper concerning divorce and the assessment of matrimonial

  2. Worlds Apart: Orientalism, Antifeminism, and Heresy in Chaucer's Man of Law's Tale

    On the authority of this forged letter, the constable sadly carries out what he believes to be Aella's wishes and banishes Custance and her child. For her traitorous male masquerade, the Man of Law excoriates Donegild and rhetorically links her perverse "mannishness" to the ultimate pervert, Satan: "Fy, mannysh, fy!--o nay, by God, I lye-- / Fy, feendlych spirit ...!"

  1. Explain the need for discipline in at least two public services. Analyse the role ...

    be exempted from service in the Gulf on grounds that the conflict is "morally wrong". Under the terms of the 1996 Reserve Forces Act, anyone who refuses to answer a call up is liable to a court martial or prosecution in a civil court. They face jail if found guilty.

  2. The Law Relating to Negotiable Instruments

    Furthermore, since certification constitutes acceptance of an instrument under the Uniform Commercial Code, a bank can never revoke certification against an HDC regardless of whether the HDC has changed position in reliance on the certification. Relevant Case SAM GOODY, INC.

  1. Petrol excise should not be excluded

    Besides, most people donate money to make themselves feel good about contributing. We can continue our current foreign aid budget but there is really no point in wasting the extra increase when many politicians just steal it. We are paying them millions of dollars to be hidden in Swiss banks

  2. prisoners rights

    of Prisons and Correctional services dealing with the adult and the young offenders- their institutional care, treatment, aftercare, probation and other non-institutional services. (2) Under trial prisoners (UTPs): The State shall endeavour to evolve proper mechanism to ensure that no under trial prisoner is unnecessary detained.

  1. Using actual situations describe the elements of actus

    Self-Defence, in law, defence of one's person or property from threatened violence or injury by the exercise of force. A person may practice self-defence against assault or unlawful attack by the use of force, provided the person uses no more force than is necessary to accomplish that result, and provided

  2. The purpose of this assignment is to be able to understand the role purpose ...

    Article five of the Police Common Purpose Statement is to protect, help and reassure the citizens of the region. Many forces have an individual community department within the constabulary, which deals with communal issues within the district. These police officers need to the know the surrounding area, its general citizens

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work