Capacity

Question 1

modern/majority

Answer 1

irrespective of whether the party can think rationally or understand, can he control his conduct?

Question 2

Traditionally

Answer 2

could party understand nature of transaction & able to make a rational decision?

Question 3

Infancy gen. rule

Answer 3

infant does not have the capacity to bind himself to a K

Question 4

exception to infancy

Answer 4

was he entering into the K for necessity?:

• not necessity if minor was already supplied w.sufficient articles of this kind, or if he/she had parent who was able & willing to supply
• policy considerations