Wednesday, March 23, 2011

Requirements of Capacity

   Capacity is the legal ability to enter into a contract.  This is also the assumption that the other party has the same capacity as they do.  There are some people who can get out of contract pretty easily like minors, people with some type of mental disorder, and those that are influenced by drugs.  A person who has a mental impairment can argue that they cannot be bound to the contract because of their disorder.  A person that has been diagnosed with a physical disorder can also do the same.  These types of people had to have had the impairment since birth or before they entered into the contract.  They must also be checked out by a      doctor who is qualified in that position.  Minors is a person who has yet to reach the age of adulthood.  Most minors can get out of most contracts because they are unknowledgeable, immature, or naive that they couldn't have known what they were doing.  A person could protect their self if they refused to enter into a contract with a minor or brought the minors parents into the contract.  Some minors are responsible for their actions because they have been emancipated or are legally not under the control of their parents.
   A person who has entered into a contract that is under the influence could argue that they were so out of it that they couldn't have possibly known what they were doing.  This decision is usually made by the jury whether or not the person can get out of the contract.  Some other people have limitations like convicts and aliens.  These type of people can get their rights taken away from them in times of war.  These people can also be denied things that are not of necessity.
   When a contract has been disaffirmed or proved that one party, usually a minor, cannot live up to expectations in a contract they must then return any goods that have been taken during the contract back to the other party.  Minors cannot pick which parts of a contract they want to disaffirm either.  An adult has no rights to get out of a contract just because they didn't know that the other party was an adult.  The minor usually cannot get out of a contract without compensating the other party first so as to protect the rights of the other party.
   When one party accepts a contract they have just ratified it or gone along with a contract even when they could get out of it.  An example would be if a minor turned to the age of an adult , usually 18, payed a payment on a car the he had bought when he was a minor he has just ratified the contract for paying when he was an adult.

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