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Summary Contractual Capacity

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A summary of: Contractual Capacity Notes from Law of Persons (LAWS1013A at Wits University). A comprehensive summary of the topic content - including diagrams, definitions and explanations where applicable.

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University Of The Witwatersrand (wits)
Course
Law Of Persons








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University of the Witwatersrand (wits)
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Law Of Persons
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Uploaded on
February 27, 2023
Number of pages
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Written in
2022/2023
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Contractual Capacity
Created @October 20, 2022 10:16 AM

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Materials Case Summaries.docx

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Class



Infants
less than 7 years

No capacity to conclude the juristic act

Irrebuttable presumption: no argument can be raised to say otherwise

Guardian must act for or on behalf of the infant

cannot be prejudicial to infant

acceptance of donations requires a legal guardian




Minors
age 7 - 17
Edelstein V Edelstein



Limited capacity to act

Guardians assistance is required when a contract creates an obligation for the
minor




Contractual Capacity 1

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