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

Question 3

Introduce the idea of protecting minors as an identified group of people in

society who may be vulnerable in making contracts. Say who is a minor.

Explain that capacity to make contracts is limited.

• Discuss the obligation to pay for necessaries, using cases. Explain how this
  is affected by the Minors’ Contracts Act 1987 s3 provision of restitution.


• Discuss contracts of education, training and employment, using cases.


• Discuss contracts of continuing obligation.


• Discuss loans and the provision in s2 of the Minors’ Contracts Act 1987.


• Consider whether the level of protection is right.

Question 4

This question is wider than the previous one, in that you need to consider

contractual capacity in general, not just for minors (a good example of the

need to read the question carefully).

• Discuss: corporations (registered business organisations), sovereigns
  and diplomats, persons of unsound mind and drunkards, and lastly
  minors (see the material above). This is where you are likely to have
  most knowledge, so you can use much of your time on minors (but
  leave some time to conclude).


• Consider whether the law is satisfactory and consider any areas of
  reform needed, e.g. the need to carry identity cards, the elderly.

Question 5

This is based on material broadly similar to that in Question 3, but the focus

is much more on the balancing of fairness between adults and minors.

• Discuss the need to protect minors, and then consider whether any
  unfairness arises. You could consider the position of the tailor in Nash
  v Inman.


• Discuss the age of minors, and whether this is set at the right level.


• Consider whether there are occasions when the minor is too well protected.


• Discuss in detail the provisions of the Minors’ Contracts Act 1987 and
  the attempt it makes to remedy any imbalance of protection.


• Consider what would be the outcome in Nash v Inman if the same case
  arose following the Act.


• Consider whether there are any further problems, e.g. the need to oblige
  the minor to hand over money, if this is available.

300 Contract law

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