General concerns
One particular group of people unprotected by the law of capacity is the
elderly, who may be subject to consumer pressure. There is some protection
in consumer law (which applies to all consumers), and they will generally
elicit the sympathy of the court, but as a matter of law there is no specific
provision regarding contracts with elderly people.
Some general problems still arise with the law of capacity in contracts.
Like many other areas of law it is not widely known. This has been
addressed by statute concerning corporations (really the subject of in-depth
study in the area of company law), but regarding minors it remains a
problem. Obviously large organisations will be well aware of their position
in law when dealing with minors, and will develop policies based on it.
This leaves the small retailer at a disadvantage, although this, arguably, is a
wider problem of access to the law generally.
A further difficulty is that in the absence of formal identity cards, such
as are carried in some other European countries, it is very difficult for a
retailer to identify a minor, without causing offence, and therefore
potentially losing custom. However, in pursuing the general aim of
protecting minors, the combination of common law and statute now
maintains a reasonably balanced approach, so as not to leave an adult
dealing with a minor in an unreasonable position.
Summary
Most adults have full capacity. The following have limited capacity in
forming contracts, for various reasons:
Capacity 89Is the law of contractual capacity now satisfactory? Are there any other
groups of people who are vulnerable, yet still unprotected?Figure 5.3