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3] Disqualified Persons i.e. do not have the capacity to contract. The reasons for disqualification can include, political status, legal status, etc. Some such persons are foreign sovereigns and ambassadors, alien enemy, convicts, insolvents, etc.
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
The following reasons could make a valid contract impossible to enforce: Lack of capacity. Duress, or coercion, into a contract. Undue influence.
Most contracts only need to contain two elements to be legally valid: All parties must be in agreement (after an offer has been made by one party and accepted by the other). Something of value must be exchanged -- such as cash, services, or goods (or a promise to exchange such an item) -- for something else of value.
Having the capacity to contract means a person is legally competent to enter into a contract. The capacity to contract is defined as having the capacity to enter into a legal agreement, which means someone must be of sound mind.
All contracts require consideration, meaning each party must gain something. It may be something that is or isn't done or given. When a party agrees to do something (paint your house) or to not do something (not sell their house to anyone else for 30 days) they must gain something.
For a contract to be valid, it must have four key elements: agreement, capacity, consideration, and intention.
The requisite elements that must be established to demonstrate the formation of a legally binding contract are (1) offer. (2) acceptance. (3) consideration. (4) mutuality of obligation. (5) competency and capacity. And, in certain circumstances, (6) a written instrument.
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