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Legal Capacity to Contract Copyright © Texas Education Agency, 2013. All rights reserved.

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Presentation on theme: "Legal Capacity to Contract Copyright © Texas Education Agency, 2013. All rights reserved."— Presentation transcript:

1 Legal Capacity to Contract Copyright © Texas Education Agency, 2013. All rights reserved.

2 2 Copyright and Terms of Service Copyright © Texas Education Agency. The materials found on this website are copyrighted © and trademarked as the property of the Texas Education Agency and may not be reproduced without the express written permission of the Texas Education Agency, except under the following conditions: 1)Texas public school districts, charter schools, and Education Service Centers may reproduce and use copies of the Materials and Related Materials for the districts and schools educational use without obtaining permission from the Texas Education Agency; 2) Residents of the state of Texas may reproduce and use copies of the Materials and Related Materials for individual personal use only without obtaining written permission of the Texas Education Agency; 3) Any portion reproduced must be reproduced in its entirety and remain unedited, unaltered and unchanged in any way; 4) No monetary charge can be made for the reproduced materials or any document containing them; however, a reasonable charge to cover only the cost of reproduction and distribution may be charged. Private entities or persons located in Texas that are not Texas public school districts or Texas charter schools or any entity, whether public or private, educational or non-educational, located outside the state of Texas MUST obtain written approval from the Texas Education Agency and will be required to enter into a license agreement that may involve the payment of a licensing fee or a royalty fee.

3 Contractual Capacity … ability to understand the consequences of a contract … ability to understand the consequences of a contract 3Copyright © Texas Education Agency, 2013. All rights reserved.

4 Protections for Those Who Lack Capacity MinorsMinors –age of majority is 18 for most states –minors have not yet reached the age of majority –minority ends the day before the birthday of the age set as the age of majority –contracts of most parties who lack capacity are considered voidable 4Copyright © Texas Education Agency, 2013. All rights reserved.

5 Protections for Those Who Lack Capacity MinorsMinors –Disaffirmance - refusal to be bound by a previous legal commitment –Minors must pay at least a reasonable value for necessaries (food, clothing, shelter) even if they disaffirm the actual purchase contract 5Copyright © Texas Education Agency, 2013. All rights reserved.

6 Emancipation …severing of the child-parent relationship (ends the duty of the parent to support a child and the duty of the child to obey the parent) 6Copyright © Texas Education Agency, 2013. All rights reserved.

7 Parent and minor agree that the parent will cease support. The minor marries. The minor moves out of the family home. The minor becomes a member of the armed forces. The minor gives birth. Emancipation of a Minor The minor undertakes full-time employment. 7Copyright © Texas Education Agency, 2013. All rights reserved.

8 People with severe mental illness, severe mental retardation, or severe senility lack capacity. A person who lacks the ability to understand the consequences of his or her contracts lacks capacity. A person ruled as permanently insane has mental incapacity. Mentally Incapacitated 8Copyright © Texas Education Agency, 2013. All rights reserved.

9 Intoxicated Lack Capacity …from using alcohol in forms such as beer or vodka…from using alcohol in forms such as beer or vodka …from using drugs such as marijuana or crack cocaine, or inhaling products such as glue or aerosols…from using drugs such as marijuana or crack cocaine, or inhaling products such as glue or aerosols 9Copyright © Texas Education Agency, 2013. All rights reserved.

10 Who Has Contractual Capacity in Organizations? Someone who has capacity is within his or her scope of authority to sign agreements.Someone who has capacity is within his or her scope of authority to sign agreements. When the organization leads others to believe that a person has certain authority, the person has contractual capacity.When the organization leads others to believe that a person has certain authority, the person has contractual capacity. When the employer tells an employee that they are authorized to bind the organization, the individual has capacity.When the employer tells an employee that they are authorized to bind the organization, the individual has capacity. 10Copyright © Texas Education Agency, 2013. All rights reserved.

11 Assignments 1. Lacking Capacity PowerPoint Presentation: Design a PowerPoint presentation that shows which groups of individuals lack the capacity to be bound by a contract. The presentation should include politically correct and appropriate for classroom use pictures and captions. 2. Emancipated Minors Poster : Design a poster that illustrates six informal means of emancipation for a minor. The poster should include pictures and text. 3. Case Assignment: Jennifer was a wholesaler of flowers. Her friend, Carrie, worked for a grocery store as a checker. One day Jennifer stopped by during Carries break and asked if she could sell her flowers through that store. Carrie said yes and signed a contract to purchase 20 dozen roses for the store. Independent Practice Assignments 11Copyright © Texas Education Agency, 2013. All rights reserved.


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