A summary of: Contractual Capacity
Notes from Law of Persons (LAWS1013A at Wits University).
A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.
Contractual Capacity
Created @October 20, 2022 10:16 AM
Type
Materials Case Summaries.docx
Reviewed
Class
Infants
less than 7 years
No capacity to conclude the juristic act
Irrebuttable presumption: no argument can be raised to say otherwise
Guardian must act for or on behalf of the infant
cannot be prejudicial to infant
acceptance of donations requires a legal guardian
Minors
age 7 - 17
Edelstein V Edelstein
Limited capacity to act
Guardians assistance is required when a contract creates an obligation for the
minor
Contractual Capacity 1
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