Show Summary Details
JC Smith's The Law of Contract

JC Smith's The Law of Contract (3rd edn)

Paul S. Davies
Page of

Printed from Oxford Law Trove. Under the terms of the licence agreement, an individual user may print out a single article for personal use (for details see Privacy Policy and Legal Notice).

date: 22 May 2024

p. 31121. Capacitylocked

p. 31121. Capacitylocked

  • Paul S. Davies


This chapter discusses the issue of capacity. The general rule is that contracts are valid but unenforceable on minors (persons under 18 years of age). However, they are enforceable against adults, and a minor can ratify a contract upon attaining the age of majority so that the contract is enforceable against both parties. At common law, mental incapacity is not by itself a reason to set aside a contract. But if the other party knows, or ought to know, of the mental incapacity, then the contract can be set aside. The Mental Capacity Act 2005 makes it clear that a person who lacks capacity must still pay a reasonable price for necessary goods and services.

You do not currently have access to this chapter

Sign in

Please sign in to access the full content.


Access to the full content requires a subscription