University of X - Business Law: Contract Enforceability

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Added on  2023/04/19

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Homework Assignment
AI Summary
This assignment explores the enforceability of contracts in business law, specifically focusing on a scenario involving a minor and a cafe owner. The analysis examines whether a contract for food provided to a 17-year-old is enforceable, referencing relevant case law such as De Garis v. Dalgety & Co. Ltd and Minister for Education v. Oxwell. The assignment concludes that the contract is not enforceable because the food provided was not a necessity. However, it highlights that a contract for basic groceries would have been enforceable, as they are considered necessities. The assignment provides a clear understanding of the legal principles governing contracts with minors and the concept of necessities in contract law. This provides a practical application of legal concepts in business scenarios.
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Running head: CORPORATION AND BUSINESS LAW
Corporation and Business Law
Name of the Student
Name of the University
Author Note
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Document Page
1CORPORATION AND BUSINESS LAW
Issue
Whether the contract between John and the café owner is enforceable by the café owner.
Whether the contract would have been enforceable, in case the same has been entered into for
basic groceries.
Rule
Under the common law, a contract entered into by a minor is considered to be void. It does
not create any legal obligations towards the minor. The same can be illustrated with the case
of De Garis v Dalgety & Co Ltd (1915) SALR 102. However, a contract in which one of the
party is a minor can yield certain rights to the minor, which the minor may enforce.
In case a contract has been entered into with a minor in order to provide necessities to the
minor, the same can be enforced and has the status of a legally binding contract. The same
can be illustrated with the case of Minister for Education v Oxwell [1966] WAR 39.
Application
In the present case, the contract has been entered upon by John and the café owner to
provide John, who is a minor of 17-year old, with food for a party. This does not imply a
necessity. Therefore, the contract will not be enforceable by the café owner.
However, if the contract has been entered upon for providing basic groceries, the same
will be enforceable as basic groceries implies supply of necessity.
Conclusion
The contract between John and the café owner is not enforceable by the café owner. The
contract would have been enforceable, if the same has been entered into for basic groceries.
Document Page
2CORPORATION AND BUSINESS LAW
References
De Garis v Dalgety & Co Ltd (1915) SALR 102
Minister for Education v Oxwell [1966] WAR 39
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