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Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.
For example, English law used to treat married women as lacking the capacity to own property or act independently of their husbands (the last of these rules was repealed by the Domicile and Matrimonial Proceedings Act 1973, which removed the wife's domicile of dependency for those marrying after 1974, so that a husband and wife could have ...
The creation of express trusts in English law must involve four elements for the trust to be valid: capacity, certainty, constitution and formality. Capacity refers to the settlor's ability to create a trust in the first place; generally speaking, anyone capable of holding property can create a trust. There are exceptions for statutory bodies ...
Contracts between companies and third parties, however, may turn out to be unenforceable on ordinary principals of agency law if the director or employee obviously exceeded their authority. As a general rule, third parties need not be concerned with constitutional details conferring power among directors or employees, which may only be found by ...
Capacity in English law This page was last edited on 22 December 2024, at 16:33 (UTC). Text is available under the Creative Commons Attribution-ShareAlike 4.0 License ...
In English law, applying in England and Wales, anyone with capacity can grant a power of attorney. These can be general (i.e. to do anything which can legally be done by the donor in relation to their money or assets), or can relate to a specific act only (e.g. to sell freehold property), and are governed by the Powers of Attorney Act 1971.
In modern English law, sellers often avoid using the term "represents" in order to avoid claims under the Misrepresentation Act 1967, while in America the use of "warrants and represents" is relatively common. [79] English courts may weigh parties' emphasis in determining whether a non-contractual statement is enforceable as part of the contract.
Capacity in English law; UK company law; References This page was last edited on 14 April 2023, at 13:14 (UTC). Text is available under the Creative Commons ...