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Summary

Summary comparison of Liability and capacity

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In the summary of Comparison of liability and capacity of a minor in the law of persons, this summary is simple, and easily understood by adjoining case studies included reference to Jacqueline Heaton, 5th Edition textbooks.

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Institution
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Uploaded on
July 30, 2018
Number of pages
3
Written in
2017/2018
Type
Summary

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LEGAL STATUS A
COMPARISON
DEFINITIONS



Who? INFANS Mentally Insolvent PRODIGAL
0-7 years Minor ill
7-18 years
Enter into Limited
Capacity legal capacity can
to act contracts. Age, No capacity Limited enter into Limited
mental ability Guardian acts capacity No capacity contract if it capacity
effect capacity no behalf of Guardian has 2 unless lucid doesn’t incl.
to act infans assist interval insolvent
assets
Ability to act
Capacity or participate
to in legal No capacity
proceedings. (locus standi Limited Limited
litigate Age, mental iudicio). capacity capacity needs No- needs
ability effect Guardian can Guardian has 2 trustees curator ad
capacity to act litigate on assist consent litem
behalf minor.
Commit a 0-10year- NO
Criminal crime/ act that 10-14yr-
liability is against the presumed
criminally
law which is
accountable
punishable by
14+ accountable
state as major

Unlawful, Yes Boys 7-14 NO
Delictual culpable act if based on 14-18 years
liability that causes unjustified rebuttable
damage or enrichment presumption
harm to and 12-18 years
another negotiorium rebuttable
person gestio presumption


14 witness will Make a will Can enter into Get: married,
Acts/ 16 write a will Institute a contract engaged/
Actions 12 medical divorce with trustees divorced.
treatment & proceedings consent Execute a will
they can contraceptives Exercise Dismiss a
do 16 bank parental curator
account responsibilities
Enter into
Marriage-
assisted
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