Capacity to contract
Capacity to contract

• Capacity refers the fact that a person may not
  in a position to enter into an agreement.
• In other words, a person is lack of capacity
  when he has disability in entering into a legal
  contract.

Pg 97 - 99
Examples
• An unsound minded person may be said to be
  lack of capacity to sign a legal agreement.
• Another example will be a minor under the
  age of 18, in the case of Singapore, is said to
  be lack of capacity legally to enter an
  contractual agreement.
• Casino control act has stipulated that a minor
  would be banned to enter casino in Singapore.
A person lacks capacity
• Should a contract is entered between a person
  who lacks the capacity and another party, the
  contract may be:
  – Void; or
  – Voidable; or
  – Unenforceable.


Pg 98
Contract with minors
• Generally, contracts entered into by a minor
  are described as unenforceable, in which, the
  minor is not bound but the other party is
  bound.
• Two sorts of contract are valid and binding on
  a minor
  – Necessaries: E.g. Food, clothing etc
  – Service contract: E.g. Education       Pg 98
Assignment 1 – Claim 3
• Discuss
Claim 3 - Andrew
• Andrew – son of John
• Age: 17
• Andrew entered contract
  – Bet in Roger Betting
  – Buy stock at Tarnish Shine
  – Sell watch to Charles
Discuss

• What is legal capacity? Explain.
• What would happen if a person, who lacks legal
  capacity, enters into a contract? Explain
• Explain, using Andrew in the case, how legal
  capacity will affect contracting parties?
  – Roger Betting
  – Tarnish Shine Corporation
  – Charles
• Conclusion

0104capacity

  • 1.
  • 2.
    Capacity to contract •Capacity refers the fact that a person may not in a position to enter into an agreement. • In other words, a person is lack of capacity when he has disability in entering into a legal contract. Pg 97 - 99
  • 3.
    Examples • An unsoundminded person may be said to be lack of capacity to sign a legal agreement. • Another example will be a minor under the age of 18, in the case of Singapore, is said to be lack of capacity legally to enter an contractual agreement. • Casino control act has stipulated that a minor would be banned to enter casino in Singapore.
  • 4.
    A person lackscapacity • Should a contract is entered between a person who lacks the capacity and another party, the contract may be: – Void; or – Voidable; or – Unenforceable. Pg 98
  • 5.
    Contract with minors •Generally, contracts entered into by a minor are described as unenforceable, in which, the minor is not bound but the other party is bound. • Two sorts of contract are valid and binding on a minor – Necessaries: E.g. Food, clothing etc – Service contract: E.g. Education Pg 98
  • 6.
    Assignment 1 –Claim 3 • Discuss
  • 8.
    Claim 3 -Andrew • Andrew – son of John • Age: 17 • Andrew entered contract – Bet in Roger Betting – Buy stock at Tarnish Shine – Sell watch to Charles
  • 9.
    Discuss • What islegal capacity? Explain. • What would happen if a person, who lacks legal capacity, enters into a contract? Explain • Explain, using Andrew in the case, how legal capacity will affect contracting parties? – Roger Betting – Tarnish Shine Corporation – Charles • Conclusion