Quiz Incapacity

Question 2 / 30

What is the age of majority in England and Wales?

21

16

17

18

20

Question 3 / 30

What sort of claim may you still be able to bring if a minor breaks a contract?

Breach of contract

Tort

Negligence

Contractual

Frustrated

Question 4 / 30

What is an exception to the idea that contracts with minors will not be binding?

Contracts made to protect children

Contracts for things the child wants

Contracts for necessaries

Contracts that are in the best interests of the adult

Contracts that protect the supplier

Question 5 / 30

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 concerned

A necessity to the minors life

Goods and services provided to a minor

Goods that are supplied to well off children

Goods that allow a child to move on in their life

Question 6 / 30

What was held to be a necessary in the case of Hands v Slaney (1800)?

A duck

A pie

Fancy waistcoats

A livery for a servant

A phone contract

Question 7 / 30

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 Stone

Mathews v Baxter

Question 8 / 30

Which of these is not taken into account when determining whether something is a necessary?

The character of the goods supplied

The actual circumstances of the minor

The parents ability to pay for the item

The extent to which the minor is already supplied with the goods in question

Question 9 / 30

What type of loan is enforceable against a minor?

A loan to pay of a debt incurred in order to secure necessaries

A loan to buy necessaries

A loan used not to buy necessaries

All loans

No loans

Question 10 / 30

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 Slaney

Clements v London & North Eastern Railway Co (1864)

Leslie Ltd v Sheill (1914)

Question 11 / 30

Why was the contract not enforced in De Francesco v Barnum (1890)?

It was not to the benefit of the minor

It was not for necessaries

It involved a loan used to buy necessaries

The parents entered into the contract on behalf of the minor

It was a contract of employment

Question 12 / 30

What was the contract for in Chaplin v Leslie Frewin (Publishers) Ltd (1966)?

To learn how to dance

An apprentiship

To have an autobiography ghost written

To take out a loan

To buy 11 fancy waistcoats

Question 13 / 30

Which of these is not a type of contract voidable for a minor?

Employment

To buy or lease land

Marriage

To buy shares

To enter a partnership

Question 14 / 30

Do minors have an automatic right to restitution?

Yes

No

Sometimes

Question 15 / 30

If I transfer property to someone and don't know they are a minor is the transfer binding?

No

Yes

Sometimes

Question 16 / 30

Why was the minor in Leslie Ltd v Sheill (1914) not liable under the tort of deceit?

The contract was void anyway

The action would have amounted to indirect enforcement of the contract

The action was able to be framed as a tort

The contract was not enforceable

The minor had done nothing wrong

Question 17 / 30

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 die

Hired a horse and killed it for fun

Hired a mare, jumped it and it died

Hired a mare and lent it to a friend who returned her unharmed

Hired a mare who slipped a shoe whilst he was riding her causing injury

Question 18 / 30

Which section of the Minors Contracts Act 1987 requires the minor to transfer back property?

1 (4)

1

5 (2)

3 (1)

8

Question 19 / 30

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 decision

That 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 made

That were a person is able to retain information they are able to contract

That a person who cannot weigh up evidence is not able to contract

That were someone is able to communicate their decision then they are able to contract

Question 20 / 30

Which case held that for the contract to not be binding the other person must no that D was incapacitated?

Hands v Slaney

Leslie Ltd v Sheill

Hong Kong Fir Shipping

Imperial Loan Co v Stone

Mathews v Baxter

Question 21 / 30

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 Slaney

Leslie Ltd v Sheill

Imperial Loan Co v Stone

Question 22 / 30

What was wrong with D in Ayred v Hazelgrove (1984)?

Drunk

High on drugs

A minor

Had dementia

Had had a stroke

Question 23 / 30

What does s. 3 of the Sale of Goods Act 1979 say?

That when drunk you do not have to pay for things bought

That where dealing with someone you must check that they are capable of contracting

That where a drunk person buys necessaries they must pay a reasonable price for them

That contracts with minors for necessaries are valid

That all contracts with minors are void

Question 24 / 30

What types of contracts are void with relation to corporations?

Those made by shareholders

Those that are created for a specific purpose

Those made by a drunk person

Those that are ultra vires to the corporation

Those that are ratified by shareholders before they are made

Question 25 / 30

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 company

Creates the ultra vires rule

Says that unless a companies article specifically restrict the objects of the company they are unrestricted

Says that a corporation is a legal person separate from its shareholders

Says that corporations are created for a purpose

Question 26 / 30

Does the ultra vires rule apply to public authorities?

Yes

No

Sometimes

Question 27 / 30

Which act confers a power on public authorities to contract?

Companies Act 2006

Contracts and Governments Act 1990

Local Government (Contracts) Act 1997

Mental Incapacity Act 2005

Minors Contracts Act 2009

Question 28 / 30

Which section of the Companies Act 2006 says that unless a companies articles specifically restrict the objects of the company, the objects are unrestricted?

31

39

42

2

10

Question 29 / 30

Which act states a similar principle to s. 3 of the Sale of Goods Act 1979?

Mental Capacity Act 2005

Companies Act 2006

Local Government Act 1997

Contracts for Minors Act 2008

Contract Act 2009

Question 30 / 30

How much did the women in Ayred v Hazelgrove sell her £6, 000 paintings for?

£60

£70

£7, 000

£40

£50

Quiz Incapacity

What is the point of the doctrine of incapacity?

What is the age of majority in England and Wales?

What sort of claim may you still be able to bring if a minor breaks a contract?

What is an exception to the idea that contracts with minors will not be binding?

What does s. 3 of the Sale of Goods Act 1979 define a necessary as?

What was held to be a necessary in the case of Hands v Slaney (1800)?

Which case held that 11 fancy waistcoats were not a necessary for a student?

Which of these is not taken into account when determining whether something is a necessary?

What type of loan is enforceable against a minor?

Which case held that where a contract of employment is to the benefit of the minor then it is enforceable?

Why was the contract not enforced in De Francesco v Barnum (1890)?

What was the contract for in Chaplin v Leslie Frewin (Publishers) Ltd (1966)?

Which of these is not a type of contract voidable for a minor?

Do minors have an automatic right to restitution?

If I transfer property to someone and don't know they are a minor is the transfer binding?

Why was the minor in Leslie Ltd v Sheill (1914) not liable under the tort of deceit?

What did the minor do in the case of Burnard v Haggis (1863)?

Which section of the Minors Contracts Act 1987 requires the minor to transfer back property?

What does s. 2 of the Mental Capacity Act 2005 say?

Which case held that for the contract to not be binding the other person must no that D was incapacitated?

Which case held that where you affirm a contract once you are again capable then it is binding on you?

What was wrong with D in Ayred v Hazelgrove (1984)?

What does s. 3 of the Sale of Goods Act 1979 say?

What types of contracts are void with relation to corporations?

What does ss. 39-42 of the Companies Act 2006 do?

Does the ultra vires rule apply to public authorities?

Which act confers a power on public authorities to contract?

Which section of the Companies Act 2006 says that unless a companies articles specifically restrict the objects of the company, the objects are unrestricted?

Which act states a similar principle to s. 3 of the Sale of Goods Act 1979?

How much did the women in Ayred v Hazelgrove sell her £6, 000 paintings for?

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