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A Level Law (Contract) Assignment 4 - Capacity

Task

You will be set one of the following questions:

 

1. Ben is a 17 year old student following a course in media studies at Campshire College. Whilst shopping at Downtown Stores he is persuaded by a sales assistant that a computer would be useful to him, so he agrees to buy one on credit. He also decides to buy on credit from the same store an expensive digital camera for his planned holiday abroad.

The bus service to Campshire College is terminated by the local authority, so Ben decides to buy a car in order to attend lectures. He obtains the money for this by a loan from Evergreen Bank, guaranteed by his mother.

Ben later experiences financial difficulties, and is unable to pay either the credit payments to Downtown Stores or the loan repayments to Evergreen Bank. In addition he sells the camera to a friend, retaining the proceeds in his bank account ready to pay for his holiday.

Advise Ben regarding the payments for the computer, the camera and the loan repayments.

(Q6 June 2001)

or

2. Critically assess the amount of protection which the law gives to a minor who enters into a contract with an adult.

(Q4 June 2000)

or

3. Aldo, aged 17, is a Law student at Broadshire College. During the first year he enrols for a course in public speaking with the same college at a price of £200. He pays £20 on enrolment and completes the course. He then fails to make any other payments.

Aldo also books a luxury skiing holiday with Carismatours, to take place during the Easter break. He pays a deposit and agrees to pay the rest in instalments after Easter. He enjoys the holiday, but then, being short of money, does not pay any further instalments. Similarly, he is unable to pay for the skiing equipment which he bought on credit from Downslopes Ltd.

In order to make travelling to college more convenient Aldo buys a modest car, financed by a bank loan from Easybank. The loan is guaranteed by his parents. Again, however, he is unable to make the repayments.

Advise:

Broadshire College; Carismatours; Downslopes; and Easybank;

Whether they are likely to be able to enforce payments.

(Q7 June 1999)

or

4. 'Minors are clearly in need of protection in the formation of a contract, but not at the expense of fair-minded adults with whom they may be dealing.'

To what extent does the law of contract support this view?

(Q5 June 1998)

or

5. Indira, a 17 year old music student, receives promotional material through the post pointing out the benefits of buying goods on credit terms in her local department store, Just-price. She visits the store and obtains, on credit, an expensive hi-fi music system, which the sales assistant assures her will greatly assist her in her studies. Indira also enjoys sport, and is persuaded by the assistant to take out, on credit, a subscription to a television sports channel service.

On the way home Indira meets a friend and, feeling hungry, they visit a small restaurant called Kimberley's and order a meal. Having eaten, they discover that neither of them has any money, so they leave quickly, without paying, when the waiter is not around.

The next day Leo, the waiter, recognises Indira when she passes the restaurant and asks her for the money. She claims that she has none and the waiter takes her address in order to follow up the matter later.

After a few weeks Indira realises that she will not be able to keep up the payments on the music equipment or the television service bought from Just-price and she feels annoyed that she was persuaded to enter into the agreements.

Indira now seeks your advice on the payment for: the music system; the television sports service; the meal.

(Q10 June 1997)

or

6. Nadine and Olivia, both aged 17, are keen on dancing and theatre and both decide to pursue a career in this field.

Nadine gains a place at stage school, begins her course with enthusiasm. However she soon becomes annoyed at some of the terms to which she finds she has agreed, in particular one which prevents her from taking part in any professional productions during the school vacation, without permission from the school, and another which obliges her to hand over 30% of any earnings from such productions, during her time at the school. Nadine has been invited to take part in a professional play during the summer, and would now like to avoid these obligations.

Olivia's career takes a different course. She borrows money from Countrywide Bank to set up her own small business, selling dance and stage clothing and equipment. She also purchases a mobile telephone for use in the business. She uses the proceeds of the business to pay for singing and dancing lessons. After a few months, Olivia's main supplier finds out that she is only 17 and refuses to trade further with her. This leaves Olivia without enough income to pay for this month's lessons and her teacher is pressing on her to meet her obligations. She is also behind with the repayments on her bank loan and mobile telephone account, and has received demands for payment.

Advise both Nadine and Olivia regarding the enforceability of any contracts which they may have made.

(Q10 June 1996)

or

7. To what extent does the requirement of capacity in the formation of a contract provide protection for vulnerable members of society?

(Q3 June 1995)

or

8. Sean, aged 16, is a keen windsurfer and decides to buy his own windsurfing board and wetsuit. He approaches Sharkvest Bank plc for a loan of £1,000 to purchase the equipment. The bank provides him with the loan on the basis of a guarantee from Sean's mother, Edna. He also enrols in a one year training course with Surfed Training College at the cost of £2,500. Under the terms of his agreement with Surfed, Sean is required to give them 25% of any prize money he may win in windsurfing competitions for five years after he completes the course. In order to be able to travel to the competitions, Sean buys a luxury car on credit from Status Cars Ltd.

After three months Sean stops repaying the loan to Sharkvest Bank. He also sells the car to a friend and fails to keep up his repayments to Status Cars. On completion of the course, Sean wins several competitions but he refuses to give Surfed 25% of his prize money.

Advise Sean of his legal position.

(Q10 June 1994)

or

9. Does the present law relating to minors' contracts strike the correct balance between the respective interests of minors and the adults who enter into contracts with them?

(Q5 June 1992)

 

Guidance

My students should see me in the Law workshop or email me if help is required with this assignment.

 

Set: [date]

Due: [date]

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