CHAR_A01.PDF, page 1-18 @ Normalize ( CHAR_A01.QXD )

exactly what is a necessary. So to enforce a contract against a minor, it must be shown that the goods in question are both nece ...

Necessaries may take the form of services, although these have not been defined by statute in the same way as goods. The term in ...

Alderson in Chapple v Cooper (see p. 82). Often this takes the form of a contract of employment, education or training for a min ...

On the other hand, trading contracts with a minor will not be enforced. Voidable contracts A third type of contract with a minor ...

from the contract, otherwise it will be presumed binding on him. In this case, a marriage settlement was made for a young man wh ...

Exactly what is a reasonable time is not clear, and will be a decision of the court given the particular circumstances. It was a ...

Restitution We saw that in Nash v Inman the tailor was left in an unfortunate position of receiving no payment for the eleven wa ...

General concerns One particular group of people unprotected by the law of capacity is the elderly, who may be subject to consume ...

Corporations (organisations, such as universities and companies): limited according to the instrument creating the corporation ...

Questions 1 Anna, aged 17, obtains a loan from Brillbank and enrols for a course in underwater photography at Countyshire Colleg ...

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Part 2 The contents of a contract Is this what I agreed? We have seen in Part 1 of this book that to form a binding contract, th ...

That’s not covered – it was worded very carefully! Sometimes one party to a contract tries to avoid or restrict liability for so ...

6 Incorporation of terms We have seen that a contract may be written or oral or a mixture of both. If a problem arises, it may b ...

Special importance placed on the issue by the representee A representee may make a special enquiry about an aspect of the negoti ...

Strength of inducement A casual remark is less likely to be regarded later as a term of the contract than a statement made with ...

The court looks to see if it was obvious to the parties that a term was intended to form part of a contract. If something clearl ...

Previous dealings It can be seen from the above cases that the courts really do try to take a reasonable point of view, and do t ...

This seems a reasonable stance to take, since both parties were in the same trade and it was established that both were aware of ...

The term had not in this case been specifically pointed out, and Mr Thornton was therefore successful in his claim. Lord Denning ...