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3 Cards in this Set

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  • Back
  • 3rd side (hint)

Infants or Minors

- persons under age of 18


- infants may make contracts but are not bound by them



(A)BINDING CONTRACTS:


°contracts of necessity.....NASH V INMAN(1908)


° beneficial contracts....CLEMENTS V N.W RY(1894), DE FRANCISCO V BARNUM (1889)



(B)VOID CONTRACTS:


°agreement for repayment of money lent or to be lent


° any contract for goods supplied, other than nececessaries


°accounts stated- an acknowledgement of debt



(C)VOIDABLE CONTRACTS:


° contracts concerning land


°shares in companies


°patnership


°marriage settlements



(D) LIABILITY IN TORT:


-minors are liable in tort the same way as adults



Right to repediate- minor can choose to get out of a contract immediately he/she turns 18. Only given to the minor and not the other party

Persons of Unsound Mind and Drunkards and Aliens or Non citizens

- a mental patient and drunkard are liable for necessaries


- an alien can Sue or be sued


- an ebemy alien cannot Sue but if sued can defend action

Repudiate within a reasonable time

Corporations

- statutory corporations are created by statutes


- can only enter contracts within scope of the purpose it was formed( doctrine of ULTRA VIRES)


.....ASHBURY RY. CARRIAGE & IRON CO. V ROCHE(1875)