Children Do Not Have Sufficient Legal Capacity Essay

943 WordsOct 26, 20154 Pages
“Children do not have sufficient legal capacity”. Discuss. Though once assumed to be simply miniature adults, children, any persons under the age of 16, no longer have full legal capacity. The limitations on legal capacity, however, serve to protect them from acting on less than adequate knowledge rather than to restrict them; therefore, children have sufficient legal capacity that any persons under 16 might ever need. 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. A child’s parent or guardian will normally have authority over a child’s welfare. In regards to medical and mental health, a parent may subject the child to surgeries despite the objections of
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