Question

1. What are two things that must be established for a purchase to be deemed a necessity?
2. Discuss: Is the law concerning the contractual capacity of intoxicated persons fair? A contract made by a person who is legally insane is void, even though it might have been made during a lucid moment. However, a contract made by a mentally ill or intoxicated person is prima facie valid. Under what circumstances can such contracts be repudiated by those persons?
3. Why are certain contracts prohibited at law?

Answer 1

1. Question. What are two things that must be established for a purchase to be deemed a necessity?

Answer: The two things that need to be established for a purchase to be deemed a necessity is an offer by the offeror and the acceptance of the offer by the offeree. This also forms the basic premise of a contract between two parties which are an offer, the acceptance, a consideration.

2. Question : Discuss: Is the law concerning the contractual capacity of intoxicated persons fair? A contract made by a person who is legally insane is void, even though it might have been made during a lucid moment. However, a contract made by a mentally ill or intoxicated person is prima facie valid. Under what circumstances can such contracts be repudiated by those persons?

3. Answer: Yes the law concerning the contractual capacity of an intoxicated person is fair because it can be used to take unfair advantage of the other person. Therefore the law has prohibited the capacity of an intoxicated person to enter into a contract. On the prima facia, it is valid because it might be possible that the other party was not aware of the fact that the person making the contract is not actually intoxicated or the intoxication was not enough that bar the person to enter into a legally valid contract. The two conditions that must be there in order to repudiated by those parties are:

4. A. The other party who is not intoxicated was aware that the first party has been intoxicated.

5. B. The level of intoxication or consumption of alcohol was enough that the person was not in a stable state of mind to make a valid contract.

6. Question: Why are certain contracts prohibited at law?

7. For example, contracts made by mentally ill, blind, or dumb persons are not valid.

8. Contracts made under the effect of intoxication or alcohol are not valid.

9. Contracts made by the minors are not valid.

The contract having unfair terms for either of the parties is void since the beginning.