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    Coomercial Law Legal Capacity of The Parties To A Contract

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    William Mushonga
    The document provides instructions for a course including participation in forums, completing weekly readings and discussion questions, quizzes, tests, and assessments. It lists the lecturer and head of department's contact information. Students are expected to have their accounts up-to-date to participate in tests. Any questions should be directed to the named individuals.

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    © All Rights Reserved
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    Coomercial Law Legal Capacity of The Parties To A Contract

    Uploaded by

    William Mushonga
    55 views13 pages
    The document provides instructions for a course including participation in forums, completing weekly readings and discussion questions, quizzes, tests, and assessments. It lists the lecturer and head of department's contact information. Students are expected to have their accounts up-to-date to participate in tests. Any questions should be directed to the named individuals.

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    Legal capacity

    Original Title

    Coomercial law legal capacity of the parties to a contract

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    The document provides instructions for a course including participation in forums, completing weekly readings and discussion questions, quizzes, tests, and assessments. It lists the lecturer and head of department's contact information. Students are expected to have their accounts up-to-date to participate in tests. Any questions should be directed to the named individuals.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    55 views13 pages

    Coomercial Law Legal Capacity of The Parties To A Contract

    Uploaded by

    William Mushonga
    The document provides instructions for a course including participation in forums, completing weekly readings and discussion questions, quizzes, tests, and assessments. It lists the lecturer and head of department's contact information. Students are expected to have their accounts up-to-date to participate in tests. Any questions should be directed to the named individuals.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    Instructions

     The Forum
     Lively and respectful discussions are encouraged
     Daily readings
     Weekly discussion questions
     Quizzes and Worksheets
     On eLearning platform
     Tests (Please note that your account must be up-to-date for you to take part in the test)
     Multiple choice questions
     Shorts answer questions
     Long answer questions
    • All assessments will be graded and contribute to your continuous assessment marks
    Enquiries and questions
     Name of Lecturer Mr W. Mushonga
     Head of Department – Name of HoD Mr Manongwa

    9 June 2020 Commercial law 1


    LECTURER’S FULL DETAILS

     MR WILLIAM MUSHONGA:
     CONTACT NUMBER: 0816605346
     Email-address: [email protected]

    Commercial law2 2
    Lesson Overview

     This lesson will focus on the legal capacity of the parties


    to a contract

    Commercial law 3
    Lesson Objective(s)

    At the end of the lesson, students will be able to explain:


     The categories of the legal capacity of the parties and give
    your own examples

    Commercial law 4
    INTRODUCTION

     With some exceptions, every person normally residing in


    Namibia has the right to enter into contracts, to enforce
    those contracts and be bound by the contracts they make.
     But, in the eyes of the law, some people are regarded as
    not being fully capable of making binding contracts. The
    law takes into account the infirmities of such people as
    minors and persons of unsound mind, and the particular
    situation of others such as aliens and corporations.
     The following classes of persons under the law have not,
    at all times, full capacity to enter into valid contracts on all
    matters:

    Commercial law 5
    Aliens

     An alien is a foreigner who is not an Namibian citizen or


    permanent resident.
     In peace time, an alien has full capacity to enter into
    most contracts and that person may sue or be sued in a
    Namibian court.
     In time of war, aliens who owe allegiance to an enemy
    country become enemy aliens and wide restrictions are
    placed on their power to contract.

    Commercial law 6
    Minors :

     At law, a minor is a person of either sex who has not


    attained the age of eighteen years. Being a minor is
    presumed to imply an immaturity of judgment
    necessitating the protection of the law.
     A minor’s capacity to contract is governed by common-
    law rules and statutes.
     Contracts with minors are classified under three
    headings:
     valid—that is, absolutely binding
     voidable—disclaimable at the option of the minor
     void—that is, no legal effect.
    Commercial law 7
    Persons of unsound mind and intoxicated
    persons

     A contract with a person of unsound mind or an


    intoxicated person is prima facie binding upon that person
    unless he or she can show that:
     at the time of making the contract, that person’s mind was
    so affected to be incapable of understanding what he or
    she was doing; and
     the other party was aware of that person’s condition.
     If the impaired person can prove these points, the contract
    is voidable at the option of the impaired person. This
    option to repudiate must be taken within a reasonable
    time of becoming sane or sober.

    Commercial law 8
    Bankrupts

     Bankruptcy in itself does not make a person incapable of


    entering into contracts, but restrictions are placed upon
    that person by law when dealing with other parties.

    Commercial law 9
    Summary

     If minors participate in a civil act during their minority,


    and the act is for their ‘benefit’, it will be regarded as
    ‘presumptively binding’.
     Where a civil act entered into by a minor is not
    presumptively binding, upon attaining eighteen years the
    minor can affirm that civil act.
     In addition, the civil act can be affirmed by a court before
    the minor attains eighteen years of age upon the
    application of the minor or the other party to the contract.

    Commercial law 10
    Review / discussion questions

     Explain, giving your own example, the meaning of


    unsound mind and how it limits contractual capacity.

    Commercial law 11
    Resources

     Electronic Handout/PowerPoint
     References:
     Nagel, C.J(2015). Business Law (5th Edn.) Bellville
    Business Park, DJ Wood Street, Bellville
     Study guide chapter 5

    Commercial law 12
    The End

    Thank you

    Commercial law 13

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