Introduction*: Every day we make contracts. When you order your favorite coffee here you are making a simple contract with the coffee shop, and so on. We know that a number of conditions must be followed in order for the contract to be valid. One of these important conditions is the competent parties. when you make a contract, you must be sure that you make it with a person have a competent in both age and mentality. A competent party is a person of a legal age and a least normal mentality who is considered by law to be capable of understanding the meaning of a contract. A competent party is said to have contractual capacity, it's mean the ability to make a valid contract. sometimes we make a contract with minors or with mentally incompetent. …show more content…
It includes all the things that is reasonably needed for maintaining a certain lifestyle. Necessaries depend on the person status, age, and the norms of a particular society. It includes medical attention and education The term “necessaries" is not confined to merely such things that are required for a bare subsistence. It also includes those things in which the individual cannot reasonably exist, and which are useful and suitable, and necessary for his/her support, and comfort. The contract of necessaries must be actually necessary (important) to the particular case, for use and substantial good, not mere pride, brag or pleasure. Contract of necessaries: Necessaries contract are valid Minors, mentally incompetent people and people under the effect of drug and alcohol are legally bound where a contract supplies them with "necessaries", or goods and services which are deemed necessary or beneficial to them. Where necessaries are sold and delivered to a minor/ incompetent people/people under the effect of drug and alcohol They cannot void a contract for necessities so they must return the property …show more content…
Specific circumstances determine when these classifications apply. When a Contract Is Void: If a court has previously determined that a person is mentally incompetent and has appointed a guardian to represent the person, any contract made by that person is void no contract exists. Only the guardian can enter into a binding contract on behalf of the mentally incompetent person. When a Contract Is Voidable: If a court has not previously judged a person to be mentally incompetent, but the person was incompetent at the time the contract was formed, the contract may be voidable. A contract is voidable in the majority of states if the person did not know that he or she was entering into the contract or lacked the mental capacity to comprehend its nature, purpose, and consequences. In such situations. the contract is voidable (or can be ratified) at the option of the mentally incompetent person but not at the option of the other party. When a Contract Is
Our physiological needs are the needs for food, sex, health, and so on. Our safety needs are the needs for stability and security in our living situation. Our social needs are the needs we have for meaningful relationships, as well as our needs for support from peers or our society. Our esteem needs are our needs to feel validated, and accomplished. And last but not least, of course are our needs for self-actualization; in other words our needs to become autonomous, capable and fulfilled in what we
According to Szasz (2005), “In principle, the mental patient is considered competent (until proven [otherwise]). In practice, the client is regularly treated as if he were incompetent and the psychiatrist who asserts that he needs treatment is treated as if he were the patient’s guardian” (p.78). During the 1940’s patients who were mentally ill were considered “legally incompetent” when committed into a mental health facility. Relatives of the patients could release them by providing care in their homes for the client. Unfortunately, Szasz (2005) claims, that “the treatment of mental diseases is no more successful today than it was in the past” (p.78).
...ng experts to identify mental health symptoms such as delusions, hallucinations, and identifying if any instances of malingering are present. Evaluating a defendant is essential in understanding whether or not they are capable of following legal proceedings. If an individual is in fact found incompetent, attempts to restore competency are performed through treatments with medication or mental training about legal information that is vital for them to know in their case. It is imperative to acknowledge competency to stand trial cases in the legal system to not only ensure fairness in the courtroom, but offer mentally ill defendants an opportunity to have a lawful trial depending on their psychological state.
The Mental capacity Act 2005 is a very important piece of legislation, because it makes a real difference to the lives of people who may lack mental capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process.it will make sure that the patients with lack of capacity participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. The Act covers a wide range of decisions and circumstances; the act is supported by the practical guidance, and the Code of Practice which provides information about how the act works in practice. (http://www.direct.gov.uk 2007)
The Mental Capacity Act 2005 states that in order to protect the rights of individuals who don’t have the capacity to make their own decisions they an independent Mental capacity Advocate is put in place to learn as much as possible about the individuals and act in their best interests.
A contract is an agreement that can be enforced in court and is formed by two or more parties who agree to perform or to refrain from performing some act now or in the future (Miller, Cross, and Jentz 289). In other words, it is a set of legal promises between two or more people or businesses. Contract law includes the elements of a contract, genuineness of assent, fraud, duty to disclose, disaffirmance and good faith. In order for a contract to be valid, there are essential elements that it must have. These elements include: an agreement, consideration, legality, and capacity.
Incompetency describes individuals who are currently unable to stand trial due to various factors. Incompetency can be a mental disorder, cognitive impairment, or intellectual disability. Defendants who are deemed incompetent are able to postpone their trial until their competency is restored. Two treatments used to restore competency are psychotropic medications and educational treatment programs.
HILLIARD, J. And O’SULLIVAN, J. (2012) The Law of Contract [Online] 5th Ed. Oxford: Oxford University Press. Available from - http://books.google.co.uk/ [Accessed: 2nd January 2014]
A contract is an agreement, either oral, in writing or inferred by conduct, between two or more persons (the offeror and offeree or promisor and promisee) which is usually intended to be legally binding. A contract concerns 3 main issues, firstly, is there a contract? Secondly, is the agreement one in which the law recognises? Thirdly, when do obligations under contract come to an end and what remedies are there if a contract is broken? (Jones,2015). The question at hand surrounds Sam, who had been offered the opportunity to earn some money for university by helping Jo. But when Sam leaves for university, Jo refuses to pay any money. The following discusses whether Sam has a contract and whether he is entitled to be paid.
...e persons are vulnerable through dependency and deserve the protection of the state against the risks of abuse or exploitation. Hence, any agreements that were made are voidable, and a court may declare that person a ward of the state and grant power of attorney to an appointed legal guardian (in England and Wales, this is a specific function of the Court of Protection) source(www. Wikipedia.com) Drunkenness/drug abuse Section 3 of the sales of goods act 1979 provides that they are required to pay a reasonable price for necessaries in the same way as minors. Other kinds of contract are governed by common law. If a person is drunk at the time of making the contract, he will be able to avoid his liabilities if he can show that he did not understand what the agreement was about and the other person was aware of this. Source(business law Denis Keenan and Sarah Riches)
Physiological needs are the physical requirements for human survival. If these requirements are not met, the human body cannot function properly and will ultimately fail. Physiological needs are thought to be the most important; they should be met first. Air, water, and food are metabolic requirements for survival in all animals, including humans. Clothing and shelter provide necessary protection from the elements.
Based on common law and precedent, the English law of contract has been formulated and developed over a number of years with it’s primary purpose to provide a regulated framework within which individuals can contract freely. In order to ensure a contract is enforceable there are certain elements which must be satisfied, one of which is the doctrine of consideration. Lord Denning famously professed; “the doctrine of consideration is too firmly fixed to be overthrown by a side wind” . This is a crucial indication that consideration has long been regarded as the cardinal ‘badge of enforceability’ in the formulation and variation of contracts in English common law.
'subject to this Act, when goods are sold by a person who is not their
The hierarchy of needs has five different tiers, with the highest one to reach at the top and the easiest one to reach at the bottom. The one on the bottom is physiological needs. This is the food, water, and proper body temperature tier. These are all things that the body needs to survive and be alive. Sleep, sexual activity, need for activity are also important aspects to survival. (Campbell, 2014) Most people are able to accomplish this tier. The next tier is safety needs. This includes living in a safe environment in which a person is not harmed, has uncontaminated drinking water and food. It also includes the need to have stability in life. Some examples of safety needs are having a savi...