LEGAI, DEPARTMENT. 5^5 



to do SO, in the eyes of the law. The law says that the parties must be 

 of legal age and sound mind. In most states the law regards all persons 

 as infants who are under twenty-one years of age, though in a few states 

 females are made of age at eighteen. A contract made with a drunken 

 person, a minor, or an idiot is not binding upon him, except for food, 

 clothing, or a place to dwell in. Other conditions of incompetency are 

 insanity and coverture. 



A contract made with a minor, while not binding upon him, is bind- 

 ing upon the other party, provided the minor chooses to enforce the 

 agreement. 



Everyone should be extremely careful in making contracts with peo- 

 ple who are deemed incompetent by the law, for what might be ordi- 

 narily considered a necessity, may by reason of the circumstances of 

 such person be declared by the court as not a "necessity." 



The reason for considering infants incompetent to make a binding 

 contract, is, that they are considered unable, on account of lack of ex- 

 perience, to guard against fraud and aitful designing. 



Infants are liable, just the same as adults, for fraud, assault, or any 

 criminal act. While the law protects the infant from deceit and fraud, 

 it will not, however, allow him to do unlawful acts. 



A contract made under compulsion induced by threats of personal 

 violence or injury, is illegal, but the fact of the threat being made 

 must be proved. 



A contract made by two or more persons with intent of injuring oth- 

 ers, is illegal. 



A contract in which there are misrepresentations or concealments of 

 a material fact is illegal. 



If a person signs a contract through fraud or misrepresentations, being 

 led to believe that the contract means what it does not, or that the 

 property purchased is different from what it really is, that contract is 

 illegal. The burden of proof is in this case always on the person de- 

 ceived. It requires good and abundant proof, because a written agree- 

 ment goes farther in law than a single oath against it. 



An agreement with a thief not to prosecute, provided goods are re- 

 turned, is illegal. 



Incompetency. ' 'Persons of unsound mind and memory cannot 

 make a binding contract, because they cannot give clear and inteUigent 

 consent to its terms. A noted writer has said: 'Want of reason must, 

 of course, invaUdate a contract, the very essence of which is consent.' 



