Classic Classic Quiz Incapacity by Diamondsareforever Diamondsareforever 8 played - 12 yrs ago A quiz about the doctrine of incapacity in English contract law. QUIZ 30 QUESTIONS medium English 1 What is the point of the doctrine of incapacity? To protect certain groups from the negatives of contractTo protect minorsTo stop adults entering into contracts with childrenTo stop the enforcement of contractsTo create an age of majority 2 What is the age of majority in England and Wales? 2116171820 3 What sort of claim may you still be able to bring if a minor breaks a contract? Breach of contractTortNegligenceContractualFrustrated 4 What is an exception to the idea that contracts with minors will not be binding? Contracts made to protect childrenContracts for things the child wantsContracts for necessariesContracts that are in the best interests of the adultContracts that protect the supplier 5 What does s. 3 of the Sale of Goods Act 1979 define a necessary as? Goods suitable to the condition of the life of the minor or other person concernedA necessity to the minors lifeGoods and services provided to a minorGoods that are supplied to well off childrenGoods that allow a child to move on in their life 6 What was held to be a necessary in the case of Hands v Slaney (1800)? A duckA pieFancy waistcoatsA livery for a servantA phone contract 7 Which case held that 11 fancy waistcoats were not a necessary for a student? Nash v Inman (1908)Hands v Slaney (1800)Leslie Ltd v Sheill (1914)Imperial Loan Co v StoneMathews v Baxter 8 Which of these is not taken into account when determining whether something is a necessary? The character of the goods suppliedThe actual circumstances of the minorThe parents ability to pay for the itemThe extent to which the minor is already supplied with the goods in question 9 What type of loan is enforceable against a minor? A loan to pay of a debt incurred in order to secure necessariesA loan to buy necessariesA loan used not to buy necessariesAll loansNo loans 10 Which case held that where a contract of employment is to the benefit of the minor then it is enforceable? De Francesco v Barnum (1890)Ayred v Hazelgrove (1984)Hands v SlaneyClements v London & North Eastern Railway Co (1864)Leslie Ltd v Sheill (1914) 11 Why was the contract not enforced in De Francesco v Barnum (1890)? It was not to the benefit of the minorIt was not for necessariesIt involved a loan used to buy necessariesThe parents entered into the contract on behalf of the minorIt was a contract of employment 12 What was the contract for in Chaplin v Leslie Frewin (Publishers) Ltd (1966)? To learn how to danceAn apprentishipTo have an autobiography ghost writtenTo take out a loanTo buy 11 fancy waistcoats 13 Which of these is not a type of contract voidable for a minor? EmploymentTo buy or lease landMarriageTo buy sharesTo enter a partnership 14 Do minors have an automatic right to restitution? YesNoSometimes 15 If I transfer property to someone and don't know they are a minor is the transfer binding? NoYesSometimes 16 Why was the minor in Leslie Ltd v Sheill (1914) not liable under the tort of deceit? The contract was void anywayThe action would have amounted to indirect enforcement of the contractThe action was able to be framed as a tortThe contract was not enforceableThe minor had done nothing wrong 17 What did the minor do in the case of Burnard v Haggis (1863)? Hired a mare, lent it to a friend who jumped it causing her to dieHired a horse and killed it for funHired a mare, jumped it and it diedHired a mare and lent it to a friend who returned her unharmedHired a mare who slipped a shoe whilst he was riding her causing injury 18 Which section of the Minors Contracts Act 1987 requires the minor to transfer back property? 1 (4)15 (2)3 (1)8 19 What does s. 2 of the Mental Capacity Act 2005 say? Inability to contract arises from a failure to understand the information relevant to the decisionThat a person lacks capacity if he is unable to make a decision for himself in relation to the matter a the time when the contract is madeThat were a person is able to retain information they are able to contractThat a person who cannot weigh up evidence is not able to contractThat were someone is able to communicate their decision then they are able to contract 20 Which case held that for the contract to not be binding the other person must no that D was incapacitated? Hands v SlaneyLeslie Ltd v SheillHong Kong Fir ShippingImperial Loan Co v StoneMathews v Baxter 21 Which case held that where you affirm a contract once you are again capable then it is binding on you? Mathews v Baxter (1873)Ayred v Hazelgrove (1984)Hands v SlaneyLeslie Ltd v SheillImperial Loan Co v Stone 22 What was wrong with D in Ayred v Hazelgrove (1984)? DrunkHigh on drugsA minorHad dementiaHad had a stroke 23 What does s. 3 of the Sale of Goods Act 1979 say? That when drunk you do not have to pay for things boughtThat where dealing with someone you must check that they are capable of contractingThat where a drunk person buys necessaries they must pay a reasonable price for themThat contracts with minors for necessaries are validThat all contracts with minors are void 24 What types of contracts are void with relation to corporations? Those made by shareholdersThose that are created for a specific purposeThose made by a drunk personThose that are ultra vires to the corporationThose that are ratified by shareholders before they are made 25 What does ss. 39-42 of the Companies Act 2006 do? Abolishes to ultra vires rule for those who act in good faith with a companyCreates the ultra vires ruleSays that unless a companies article specifically restrict the objects of the company they are unrestrictedSays that a corporation is a legal person separate from its shareholdersSays that corporations are created for a purpose 26 Does the ultra vires rule apply to public authorities? YesNoSometimes 27 Which act confers a power on public authorities to contract? Companies Act 2006Contracts and Governments Act 1990Local Government (Contracts) Act 1997Mental Incapacity Act 2005Minors Contracts Act 2009 28 Which section of the Companies Act 2006 says that unless a companies articles specifically restrict the objects of the company, the objects are unrestricted? 313942210 29 Which act states a similar principle to s. 3 of the Sale of Goods Act 1979? Mental Capacity Act 2005Companies Act 2006Local Government Act 1997Contracts for Minors Act 2008Contract Act 2009 30 How much did the women in Ayred v Hazelgrove sell her £6, 000 paintings for? £60£70£7, 000£40£50
