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Capacity and Form (Minors (Voidable contracts (Contract involving the sale…
Capacity and Form
Minors
Minors Contracts Act 1987 - a minor only as the power to enter into a contract for necessaries and beneficial contracts of service.
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Where the contract is not unduly harsh or detrimental to the minor, it will be binding
If the contract is for the benefit of the minor, and does not place unfair responsibility on him/her, it will be enforceable
Voidable contracts
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Section 3, the Minors Contracts Act 1987 - where a contract is unenforceable against a minor, the court can order the minor to return any property received under the contract to the claimant. Designed to prevent unjust enrichment of the minor.
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for parties to establish a legally enforceable agreement, they must possess the capacity to contract.