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Law 206   Ch. 5 - Legality of Subject Matter and Contractual Capacity
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Law 206 Ch. 5 - Legality of Subject Matter and Contractual Capacity

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  • 1. Chapter 5 LEGALITY OF SUBJECT MATTER AND CONTRACTUAL CAPACITYIn this chapter you will: Discuss the concept of the legality of the subject matter Define malum in se Define malum prohibitum List the sic types of contracts that come under the Statute of Frauds Discuss what is meant by usury Explain the concept of contractual capacity Differentiate between infants and minors Know which types of contracts a minor cannot avoid Discuss the effect of alcohol and drugs on a person’s contractual capacity Apply the concepts of legality and capacity to your everyday life
  • 2. Malum in SeContracts that violate public policy and are deemed bad in and of themselves.
  • 3. Malum ProhibitumContracts that are not morally reprehensible or against public policy but are still minor violations of the law−a prohibited wrong, or something prohibited by statutory regulation.
  • 4. Contracts that Violate theStatute of Frauds Contracts for an interest in realty Contracts that are not to be performed within one year Contracts in consideration of marriage Guarantees Sale of goods valued at over $500 Executors’ promises to pay the decedent’s debts
  • 5. Contractual CapacityThe parties’ legal ability to enter into a binding contractual relationship
  • 6. Four Major Areas ofContractual Capacity Age Mental capacity Alcohol Drugs