Chapter

Contractual Capacity and Agency

A.W.B. Simpson

in A History of the Common Law of Contract

Published in print February 1987 | ISBN: 9780198255734
Published online March 2012 | e-ISBN: 9780191681622 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255734.003.0014
Contractual Capacity and Agency

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This chapter examines the history of the concept of contractual capacity in England during the 14th to the 16th centuries. During this period, the law could deny for a variety of reasons full or any contractual capacity to certain classes of person, including monks, infants, the married, and lunatics. The existence of persons with limited or non-existent contractual capacity is closely associated with the evolution of a law of agency.

Keywords: contractual capacity; monks; law of agency; infants; lunatics

Chapter.  7791 words. 

Subjects: History of Law

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