Case Study: Mpho And Thabo

Though children under the age of 16 are assume to lack capacity to consent, young people 16 and over are able to give consent. This act ensures that children and young people’s voice are heard in relation to all decisions patting to the provision of their services. It certifies transparency in the quality of care given by agencies, the act safeguards the stability of children by ensuring that they are placed in suitable accommodations that promotes their safety and welfare. The act provides supports to young adults leaving care and to ensure that they are not forced out of state funded care facilities before they are ready. (National archive (2013) Children & Young Person’s Act 2008 http://webarchive.nationalarchives.gov.uk/20100202100450/dcsf.gov.uk/everychildmatters/publications/childrenyoungpersonsact2008/ (accessed 22/08/13).

"In California, the elements for a viable contract are 1) parties capable of contracting; 2) their consent; 3) a lawful object; and 4) sufficient cause or consideration." In regards to a minor 's capacity to contract, a minor is capable of contracting unless specifically prohibited. However, Section 6710 of the California Family Code states that "except as otherwise provided by statute, a contract of a minor may be disaffirmed by the minor before majority or within a reasonable time afterwards."

* Some people who work for businesses or other types of organizations have the capacity to bind the organizations to contracts.

Contractual capacity is, “The legal capability to form a binding contract. A number of classes of people lack contractual capacity, and these include minors…” (BusinessDictionary.com, 2010). A minor’s capacity to contract and the lack of an employee’s capacity to bind a company by contract could be used in defense against a breach of contract.’ Consideration is necessary for any contract to exist. A promissory estoppel is used when consideration requirements are absent (Kubasek, Brennan, & Browne, 2015, p.250).

In place are laws of binding contracts to protect ones such as the 12 year old.

I drafted the requirements and one particular day, I handed the supplier’s son the requirements contract and asked him to sign on behalf of the company, which he agreed to. However, the demand for the products skyrocketed nationwide after an article was written in the Huffington Post highlighting the antioxidant qualities of Muscadine; prompting the supplier to repudiate the contract by either increasing the prices of the products or referring me to other providers. At the time, the requirements contract was signed by the supplier’s son I was not aware that he a minor.

In the Valencia case the minor entered into a contract crucial to the operation of his trucking company. At the

Smooth could sue Jeff Fresh for fraud because Jeff did not inform Smooth of his age though it would not make it far in the courts due to a minor does not have a full understanding of contracts which is why the contract would be unenforceable. Smooth may be fined for not taking the necessary steps in checking age and not gaining the permission of the minor’s parents, or placing the contract in the parents’ names. Some legal and equitable remedies that may be used are compensatory damages, liquidated damages, and special performance. Compensatory damages are when the party whom the breach happened to gets compensated for the remainder of the contract as if the contract would have played out though the contract was never enforceable due to Jeff being a minor. If Smooth had written action which may happen if the contract was breached is considered liquated damages, Smooth may try to get Jeff’s parents to pay the remainder of the balance. Special performance means the person whom

Ariana (defendant) is 19 and purchased a sofa and framed print from Apartments ‘r’ us (plaintiff) with cash for $1400. She notified the plaintiffs that she wanted to disaffirm the contract which was voidable at her discretion because she is considered an infant under the law of Hollis. The legal age to enter into a contract in Hollis is 20 years old and Ariana is 19 years old. There is no indication that she has been emancipated by marriage, enlistment in any branch of the military, or by court order as would deem her not an infant under Hollis Revised Statutes 12 H.R.S. §(100)(e)(2). None of the items the defendant purchased were necessaries, so the defendant maintains the right to disaffirm. It is unknown whether the sales contract was written. By the Statue of Frauds, the contract should be in writing because it was for the sale of goods worth more than $500. The court will enforce the contract even if it isn’t in writing because the buyer has already accepted the goods and the parties agree that there was a contract at one point. The defendant communicated clear and unequivocal disaffirmance to the plaintiffs. Ariana is requesting rescission and restitution of the sales contract. This would nullify the contract and return both parties to status quo ante. Ariana wants all of her money back and in return she will return as much of the consideration as she has in her possession. It has been confirmed in past cases in other jurisdictions that a minor can

Lord Denning holds the opinion that “…it is a mistake to think that all contracts can be analyzed into the form of offer and acceptance…” He gives his support of the statement above and echoes these sentiments in the case of Butler v. Ex-Cell-O Corporation (England) Ltd (1979). He believes that the “…better way is to look at all the documents passing between the parties and glean from them or from the conduct of the

Furthermore, after the parent have been informed, the law needs them to make formal consents stating why they think abortion is appropriate in such cases. However, if this minor cannot obtain the consent of the parent, then she will be required to obtain a judicial bypass from the court. The teenager will be advised and accompanied by a counsellor to the court of law. The judge will then scrutinize the evidence presented by the minor and judge whether the teen is old enough to reach such a decision and check if abortion is the only best option for her

1. Competent parties. A court will not uphold a contract entered into by parties the law does not believe have the capacity to take on such a legal responsibility, such as minors or people who are mentally incapacitated.

Marshall received a signature on a contract from a seventeen year old minor in which he hopes to enforce. From a legal standpoint, minors have a limited ability to enter into contracts. The seventeen year old minor employee can void the contract he signed at any time. Minors have the option to do this because of laws made to protect them

One of the major limitations lie in the capacity of a child to enter into a transaction. According to the Age of Legal Capacity (Scotland) Act 1991, a child does not have “legal capacity to enter into any transaction.” The Act states that a transaction includes unilateral transactions, giving legal consent, bringing or defending civil proceeding, acting as a witness, and etc. This does not restrict a child from partaking in daily transactions (i.e. purchasing an object from a shop); the Act excludes any transactions that are “commonly entered into by persons of his age and circumstances” and “on terms which are not unreasonable.” This protects children who do not fully understand the concept of legal transactions from entering into binding obligations. Since any persons under 16 rarely requires to enter a contract, the Act does not limit any essential legal rights.

This project will explain in detail the structure of those organisations,list the documents required to set up every single one of them and will also mention about financial accounts needed to inform stakeholders about the business activities.