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Summary Masselot's Topics

Course
- The Law of Contract
- Matthew Barber
- 2020 - 2020
- University of Canterbury
- LLB
106 Flashcards & Notes
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A snapshot of the summary - Masselot's Topics

  • 2 Incapacity

  • 2.1 Meaning

  • Latin for "full legal capacity
    sui juris
  • 2.3 Minors

  • Authority from Morrow & Benjamin Ltd v Whittington 
    Two stages of deciding whether contracts are fair and reasonable
  • If the contract is decided to be fair and reasonable (s88 CCLA 2017)
    Contract is enforceable in whole or in part; minor is bound
  • If the contract is decided not to be fair and reasonable (s89 CCLA 2017)
    Contract is cancelled
  • Courts must regard circumstances (s90 CCL
    a. the circumstances surrounding the making of the contract:
    b. the subject matter and nature of the contract:
    c. in the case of a contract relating to a property, the nature and the value of the property:
    d. the age and the means (if any) of the minor:
    e. all other relevant circumstances.
  • 2.3.1 Categories of Minors Contracts

  • Court-approved Minors' Contracts
    Contract enforceable as if minor is of full age if it is preapproved by DC
  • Minors' Contract Presumptively Enforceable (s92-94 CCLA)

    (i) Life insurance contract on the minor's own life entered into by a minor who has attained the age of 16 years;
    (ii) Contract of service entered into by a minor, that is, a person who has not attained the age of 18 years.
  • Authority for Presumptively Enforceable Contracts
    National Bank of NZ v Ram
  • Minors’ contracts presumptively unenforceable (s86-91)
    All presumed unenforceable unless deemed fair and reasonable
  • Principle of Wine Country Credit Union v Rayner
    Mistakes made by a party to a contract with a minor will often lead to the contract being unenforceable
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