1. Capacity
• All contracts need to be between
people who are legally capable of
entering into a contract.
• Those not capable are:
• Minors
• Drunks
• Drug addicts
• Mental patients
• Criminals in prison
2. Capacity
• There are exceptions to the
concept of capacity in relation
to minors
• Necessary
• CASE: Nash v Inman
• Benefit
• CASE: Roberts v Gray
3. Vitiating factors
• There are some factors which
make a contract not legally
binding these factors are known
as vitiating factors and are:
• Misrepresentation
• Duress and
• Influence
• We will only need to look at
misrep