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contractual capcity
needed to enter a contract. minors, incompetents, intoxicated do not have capacity
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minors
lack maturity, experience, or sophistication needed to enter a contract
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infancy doctrine
minors under the age of majority may disaffirm most contracts they have entered into with adults. such a contract is voidable by the minor but not by the adult
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disaffirm
cancel a contract orally, in writing, or through conduct. till age of majority and "reasonable time" afterwards
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minor's duty of restoration
generally, upon disaffirmation, minor owes duty to return consideration to adult, and adult to place minor in status quo by return value back to minor
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minor's duty of restitution
minor to place adult in status quo by returning the value of consideration paid by adult at the time if minor 1. lied age or 2. intentionally or with gross negligence caused loss to property
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ratification
if minor does not disaffirm contract during period of minority or within a reasonable time after, contract is ratified
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necessaries of life
minors are obligated to pay the reasonable value for the necessaries of life
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special types of minor's contracts
many states have enacted statutes that make minors liable on certain types of contracts, such as for medical care, health and life insurance, educational loans and so on
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mentally incompetent
contracts by persons who are adjudged incompetent or void. a contract cannot be enforced by sane or insane party
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incompetent but not adjudged incompetent
contract is voidable by incompetent, copetent party cannot void contract
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incompetent duty of restitution
return status quo by returning consideration paid and vice versa
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intoxicated persons
voidable by drunk, not sober
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