The Contractual Relationship- Contractual Capacity and Legality
Contractual Capacity - Minors
- Certain legal principles render contracts invalid or unenforceable, even if they meet formation rules.
- Parties must have contractual capacity, including legal age, mental competence, and sobriety.
- Contracts with parties lacking capacity may be void or voidable.
I. Contractual Capacity:
- Ability to enter into a contract.
- Certain people may lack capacity:
1. Minors (under 18 in Caribbean jurisdictions)
2. Mentally incapacitated persons
3. Intoxicated persons
4. Other classes, like corporations and bankrupts.
- Law aims to protect these individuals from disadvantageous contracts.
II. Minors:
- Natural persons in Caribbean have contractual capacity at age 18.
- Minors presumed to lack capacity and can withdraw or avoid contracts, even if they benefited.
- Valid, voidable, and void contracts with minors.
III. Valid Contracts with Minors:
- Two types: necessaries and beneficial contracts for service.
- Necessaries: basic needs like food, clothing, shelter, and medical services.
- Enforceable to maintain minor's standard of living.
IV. Voidable and Void Contracts with Minors:
- General rule: Minor's contract is voidable at their option.
- Minor can disaffirm contract at any time while a minor and within a reasonable time after reaching
majority.
Contractual Capacity - Minors
- Certain legal principles render contracts invalid or unenforceable, even if they meet formation rules.
- Parties must have contractual capacity, including legal age, mental competence, and sobriety.
- Contracts with parties lacking capacity may be void or voidable.
I. Contractual Capacity:
- Ability to enter into a contract.
- Certain people may lack capacity:
1. Minors (under 18 in Caribbean jurisdictions)
2. Mentally incapacitated persons
3. Intoxicated persons
4. Other classes, like corporations and bankrupts.
- Law aims to protect these individuals from disadvantageous contracts.
II. Minors:
- Natural persons in Caribbean have contractual capacity at age 18.
- Minors presumed to lack capacity and can withdraw or avoid contracts, even if they benefited.
- Valid, voidable, and void contracts with minors.
III. Valid Contracts with Minors:
- Two types: necessaries and beneficial contracts for service.
- Necessaries: basic needs like food, clothing, shelter, and medical services.
- Enforceable to maintain minor's standard of living.
IV. Voidable and Void Contracts with Minors:
- General rule: Minor's contract is voidable at their option.
- Minor can disaffirm contract at any time while a minor and within a reasonable time after reaching
majority.
