| Cases and Resources
Chapter
23: Contracts
Elements
of a Contract
Minors and Contracts
Written and Oral Contracts
Illegal Contracts
Elements
of a Contract
FindLaw:
What Is a Contract?
Read this explanatory article with examples to gain a better
understanding of what a contract is and how a contract is
formed.
Elements
of an Oral Contract
Oral contracts are binding in many cases. Read the elements
of an oral contract and learn how an oral contract is formed.
How do courts treat oral contracts?
Contract
for Buying a Puppy
Examine this sample contract for buying a puppy from a breeder.
What does the contract promise that each party will do? Try
to identify each element of a contract in this sample.
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Minors
and Contracts
Defining
Legal Capacity
In order to enter a legal contract, both parties must have
legal capacity. What is legal capacity? How do courts decide
if a party to a contract has legal capacity? Although minors
usually do not have legal capacity, when can a minor legally
be bound by a contract?
FindLaw:
Minors and Contracts
Take a closer look at whether minors can enter into contracts.
As a minor, be aware of what types of contracts can be enforced
against you.
The
Age of Majority
Once a minor reaches the age of majority, he or she can enter
into contracts. Generally, a person must be 18 years old to
enter into a contract. How does this age requirement compare
to the age requirements for other activities?
The
Emancipated Minor
Even if you are a minor, if you are legally emancipated, you
may be bound by a contract. Read more about emancipation.
Can you think of a reason why emancipated minors are permitted
to enter into a legal contract?
Policing
the Bargain
Explore another explanation of why minors are not allowed
to enter into contracts. What other groups are treated similarly?
What are the reasons this article gives for protecting certain
groups?
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Written
and Oral Contracts
The
Statute of Frauds
Oral contracts can be enforceable. However, there are certain
times when a written contract is required. When a written
contract is required to create an enforceable contract, the
Statute of Frauds is involved. Read a short explanation of
the Statute of Frauds and identify the specific times when
an oral contract will not be enforceable. Think about the
policy reasons behind the Statute of Frauds.
The
Written Contract
Although some oral agreements are enforceable, written contracts
are often a better option. What are the advantages to a written
contract?
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Illegal
Contracts
Adhesion
Contracts
Read this explanation of adhesion contracts. Adhesion contracts
can be illegal under some circumstances, but legal under others.
What types of adhesion contracts do adults enter into on a
daily basis?
Unfair
or Illegal Contracts
Explore a description and examples of illegal contracts. Note
the differences between types of illegal contracts and who
is being protected in each situation.
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