Research Paper: Volition and Contract Law

Pages: 10 (2739 words)  ·  Bibliography Sources: 0  ·  Level: Master's  ·  Topic: Business - Law  ·  Buy This Paper

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[. . .] Such a person is still under the jurisdiction and care of the guardian, and as such, they may not commit to any action or event that makes them liable for their personal actions. The legal writings refer to the persons under the age of eighteen as minors or infants. However, voluntariness is about a person of sound mind committing to a certain binding and does not specify the persons who can make volition. Therefore, in volition, the person under the accepted age in the country has the ability to choose, but they may not be liable for their personal choices fully. In such cases, the guardian of the young person could be responsible, or collaborate in the contract; especially if the partner was aware that they were committed with an underage person. The capacity of the young person to commit remains limited, but it is also unclear; since there is no Act of Parliament that explores this area of law completely. A contract that includes the supply of necessaries is always binding generally. The necessaries include basic things that an individual requires to survive, such as shelter, food, clothing and medicine. It could also incorporate the education of the young one and apprenticeship. A young person who is binding in such a case is liable for paying a reasonable price (which may not necessarily be the contract price) for the necessaries delivered. In the matter of age, two classes of contracts that are not binding to a young person. These contracts include a contract that is not for necessaries and any form of credit contract that is money, which needs to be paid back. In the case of a young person having paid or lent money, the money may not be recoverable unless the young person did not receive the benefits. The young person can, however, voluntarily commit to a contract and validate the contract once they are of age. However, they will not be liable for the initial commitments of the non-binding contract entered before they became of age. Therefore, age is a limiting factor to voluntariness in drafting and executing of a contract. Additionally, the old persons, who may have some form of impairment due to age factor, apply as non-reliable in the non-binding contracts and as such, they may not have a legal basis of volition in contract designing and execution.

An additional factor that can affect voluntariness in a contract is duress. Volition is the free will to make a choice. Such an action is by free commission of the party to engage in the activity. Voluntariness is about the person making a decision after a personal evaluation to engage in the action. However, we live in a society in which some of the choices people make are because of coercion and defining moments pushing us to the corner. This causes the issue of duress in drafting a contract and committing into a contract. Duress does not facilitate proper consent. It occurs when there is an actual threat or violent action either directly or indirectly by the contracting party on the individual committing, the immediate family or close associates of the person. Whichever the act may be as long as the net effect is that the person gets coercion to committing into the contract, then this is duress, and such affects voluntariness in contract. The person will not enter into the contract on a personal choice to do so. The consequence of establishing a contract under undue influence by either of the parties renders the contract void, and as such, contract is terminate-able without liability on the coerced party. The harsh and oppressive relations of the parties can also be a form of duress, and they render the contract undue, as the person is not in the contract willingly. Such, duress does significantly affect the formation of a contract.

Moreover, there is the issue of intoxication in voluntariness. An intoxicated person may not be in a position to make a commitment to a lasting effect. This is because, intoxication, whether intentional by the other party, or personal choice to be on drugs or alcohol affects the functioning ability of the individual. A drunk person may not reason reasonably, a factor that makes their decisions null in times when they are too drunk. Additionally, the intoxicated person could sign an agreement that they do not even understand the contents therein. The effects of such a contract are that, the individual could enter into a contract due to the influence of intoxication and not the personal will of the person to join the contract. Such a contract is not binding when the party refutes it, as the parties did not make the voluntary decision to join the contract on a free will. The drank person or the intoxicated party could be lacking the ability to make rational choices, which makes their commission into the contract possibly null in case they later realize they made a mistake.

Another issue that affects voluntariness is bankruptcy. Such people have a limitation to making voluntary commission to a contract. The bankruptcy act does establish that, as long as the person reveals that they are bankrupt to the other party, and there is mutual consent, then the contract is valid. However, in situations where the other party is not aware of the bankrupt situation of the other party, this is an offence as it adds to fraud on the part of the individual. Therefore, a contract with a bankrupt person is only viable if the parties involved are aware of the situation and they agree to commit voluntarily. However, the bankruptcy of the individual does not affect the contract as long as the parties agree on the terms of the contract. Another factor that may affect voluntariness is imprisonment. The prisoner is liable to contract while in prison or even after imprisonment. However, the parties have to be aware of the situation of the other person before the commitment. The usual requirements of supervision and censorship apply, and the prisoner needs to have permission of the correctional facility to commit. Therefore, person who goes into a contract with a prisoner unknowingly can refute the contract. However, if the two parties are aware of the situation of each other, and the prisoner has permission from the correctional structures in the country, they can enter into a contract.

Lastly, the other factor that may affect voluntariness is the issue of false statements by the contracting parties. The contradicting statements by either of the parties or both parties affect the voluntary aspect of the contract. The issue may arise in the case where a party agrees to a contract due to a statement of a fact that is untrue. These statements include the written and unwritten, used to convince the individual to enter into contract. Therefore, this is lying and fraudulent act, and as such, the contract is not binding to both parties. The false statements affect the existence of volition and voluntariness in the commission to the contract.

Conclusion

Volition is an act of exerting the freedoms and rights of an individual. Committing to a contract that is not validly drafted bounds the contract invalid. The factors that affect voluntariness in contract indicate that volition is a significant aspect of contracts. Contract law defines the relations between parties, and as such, the elements of the law of contract based on volition entirely. [END OF PREVIEW]

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