9 pages/≈2475 words
Lack of legal capacity is a legitimate means to avoid accountability under an otherwise binding contract (Essay Sample)
Assessment Task,the easy must be include all the follwing. Interpretation of task and introduction to assignment. Understanding of topic.Logical development. Structure. Research skills.Use of authorities. Level of analysis ,Knowledge and understanding of the relevant legal, principles surrounding the law of contract ,Insight & originality. Correct footnoting & bibliography. Conclusion.Legal literacy,Knowledge and understanding of the relevant legal principles surrounding the law of contract Development of skills necessary to apply appropriate legal principles,supported by authorities to problems and fact patterns that are likely to be encountered in the commercial world.Demonstrated academic proficiency in research, analysis and presentation of the assessment task.Critical, Analytical and Integrative thinking.Problem Solving and Research Capability.Creative and Innovative.Capable of Professional and Personal Judgement and Initiative. CHECK LIST 􀂅 The word limit will be strictly enforced. 􀂅 Essays are to be typed, 􀂅 Double spaced, 􀂅 In Times 􀂅 On A4 paper 􀂅 With a 40mm left hand margin, 20mm right hand margin, 􀂅 Numbered pages and 􀂅 Alignment is to be ‘Justify'. 􀂅 Referencing should employ footnotes, not endnotes, 􀂅 Bibliography divided into appropriate headings; Texts, Journal Articles, Cases, Legislation, Websites etc. 􀂅 For guidance with referencing please approach the course convenor for advice. 􀂅 ONLY the Australian Guide to Legal Citation 3rd Edition is to be used for referencing. “The Australian Guide to Legal Citation”, is available on the internet and must be used for referencing. No other school of referencing is permitted THNKS source..
LACK OF LEGAL CAPACITY IS A LEGITIMATE MEANS TO AVOID ACCOUNTABILITY UNDER AN OTHERWISE BINDING CONTRACT.
(12th, March, 2011)
Table of Contents
TOC \o "1-3" \h \z \u HYPERLINK \l "_Toc288480384" Introduction PAGEREF _Toc288480384 \h 3
HYPERLINK \l "_Toc288480385" Legal Capacity to Enter Into Contracts PAGEREF _Toc288480385 \h 3
HYPERLINK \l "_Toc288480386" Critical Elements of Contracts PAGEREF _Toc288480386 \h 4
HYPERLINK \l "_Toc288480387" Formal Contracts PAGEREF _Toc288480387 \h 6
HYPERLINK \l "_Toc288480388" Lack of Legal Capacity PAGEREF _Toc288480388 \h 6
HYPERLINK \l "_Toc288480389" Contract Law Exceptions PAGEREF _Toc288480389 \h 7
HYPERLINK \l "_Toc288480390" Entry of Minor In Contract PAGEREF _Toc288480390 \h 8
HYPERLINK \l "_Toc288480391" Legal Capacity PAGEREF _Toc288480391 \h 9
HYPERLINK \l "_Toc288480392" Statutory Protection PAGEREF _Toc288480392 \h 10
HYPERLINK \l "_Toc288480393" Conclusion PAGEREF _Toc288480393 \h 11
Lack of Legal Capacity is A Legitimate Means to Avoid Accountability under an Otherwise Binding Contract.
Contract is defined as agreement which is done between two parties and therefore promises which are enforceable and can therefore be summed up in a Latin phrase Pacta sunt servanda simply meaning ‘agreements must be kept’. For any parties that are bound by any agreements determination have to\be made of a facie that is valid as well as an enforceable contract must exist. Hence, contract is therefore defined as agreements that contain promises that are made between parties who are agreeing together with an aim of enacting legal rights as well as responsibilities that are implemented in a court of law. The only element that can be used to distinguish contracts from the informal agreements it stat contracts are legally binding meaning that the laws can provide a solution in the net that the promise or the offer made is not fulfilled by any of the parties engaged in the contract. Based on the law many it is recommended that contracts should be in written form but also the oral contracts are legitimate as well in many circumstances the thus oral contracts maybe held even when there is no accord as to all of its conditions.
Legal Capacities to Enter Into Contracts
For any contract to be legally binding it this elements must be adhered to: first there must be there on offer, secondly the existing must be conventional, the deliberation must be agreed between parties involved. Hence, the parties involved must have an intention of making the accord to be legally obligatory as stated contract must not be for an illegal purpose and finally the parties involved in the contract should have a legal ability to be bale to agree in such contracts.
Second essential on contract is that it has a bid ...
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