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7 Cards in this Set
- Front
- Back
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What is the legal capacity age in Scotland? |
16
Special provisions applied for those who are under 16, those 16 and 17 and those who are not completely mentally fit. |
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What is the act called and what does it say about capacity for children under 16? |
Age of Legal Capacity (Scotland) Act 1991
A person under 16 is said to have no legal capacity to enter into transactions s.1(1)
Legal steps should be taken by there legal representatives, parents are usually the representatives 1995 s.1
Can enter transitions if- It is common to do so that the age whatever it is they are doing It is reasonable terms s.2(1) |
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What is prejudicial transaction? |
Where someone 16 or 17 enters a prejudicial transaction then they can apply to the courts for them to set it aside.
This is only when- An adult is exercising reasonable prudence, would not have entered into the circumstances of the applicant at the time entering into a transaction
Has cause or likely to cause substantial prejudice to the applicant
However this does not apply where the contract is made in the applicants trade, business or profession s.3(3)a |
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How does the law protect people who lack mental capacity? |
Makes the contract void. |
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What does the Adults with Incapacity (Scotland) Act 2000 do to help those lacking in capacity? |
Where an adult cannot deal with their property, financial affairs or person welfare they can act on behalf of the adult.
A person can appoint someone for future. |
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What was the facts of X v BBC 2005? |
A young girl aged 17 entered into a contract where she was intoxicated both with alcohol and drugs. Court held she lacked the necessary reason and capacity to enter into a contract. Her age also raise an issue. |
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When is there a requirement for a written document and in which act is it? |
The Requirements of Writing (Scotland) Act 1995
Agreements relating to land and buildings
Gratuitous unilateral obligations other than obligations undertaken in the course of a business s.1(2) |
