capacity

Legal Capacity of Children

Refers to the ability of children to enter into legal contracts, which varies by age and circumstances.

Age of Legal Capacity (Scotland) Act 1991

Legislation defining the contractual capacity of children and young people in Scotland.

Children Under 16

Generally have no contractual capacity, except for reasonable transactions like buying sweets.

Young People Aged 16-17

Have full contractual capacity unless the contract causes substantial prejudice.

Substantial Prejudice

A situation where a contract would not be agreed to by a prudent adult and harms the young person.

Intoxicated Persons

Individuals who may be deemed incapable of entering legal obligations if intoxicated to a substantial degree.

X v BBC (2005)

A case considering the extent of intoxication affecting the ability to enter contracts.

Third Parties and Void Contracts

Even if acting in good faith, third parties may be affected if a contract is determined to be void.

O’Neill v Chief Constable of Strathclyde (1994)

A case illustrating that one cannot acquire rights under a void contract.

Seaton Brick & Tile Co v Mitchell

A case where a contractor was held to be bound by a miscalculated charge.

Wilkie v Hamilton Lodging-House LTD

A case allowing a contractor to change an obvious miscalculated amount in a joinder agreement.