Contracts Affect Parties / Privity The general principle is that a person who is not a party to a contract is not entitled to its benefit. This means that he may not enforce it. If A promises B to give something to C, for which B undertakes something in return, C has no right to enforce the agreement. Only A […]
Assignment of Contract Rights A person cannot assign or off load his contractual obligations. He may be entitled to sub-contract his obligations, depending on the terms and type of contract involved. A party to a contract may be able to assign or transfer certain rights such as money receivable, under it. The assignee cannot be in any better position than […]
Minors A minor is a person under 18 years of age. In older legislation, they were often referred to as “infants”. The age of majority was reduced from 21 years to 18 years by the Age of Majority Act, 1985. Certain types of contracts are binding on a minor. Others may be repudiated. Others are absolutely void and of no […]
Persons Lacking Capacity Not every person has the capacity to bind himself to a contract. Certain categories of vulnerable persons have privileges and immunities from contractual liability. The purpose in each case is to protect persons who are presumed to be unable to look after their affairs, because of age, mental condition or other vulnerability. Historically, married women were subject […]