g^g LEGAL DEPARTMENT. 



a drunken person is not binding upon him unless he ratifies it when 

 sober. 



A contract made with a minor or an idiot is not binding upon him 

 except for necessaries. Another condition of incompetency is insanity. 



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

 upon the other party, provided the minor chooses to enforce the agree- 

 ment by action for damages. 



Every one should be extremely careful in making contracts with people 

 who are deemed incompetent by the law, for what might be ordinarily 

 considered a necessity, may by reason of the circumstances of such per- 

 son be declared by the court as not a ' ' necessity. ' 



The reason for considering infants incompetent to make a binding con- 

 tract is that they are considered unable, on account of lack of experience, 

 to guard against fraud and artful 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 vio- 

 lence or injury is invalid, but the fact of the threat being made must be 

 proved. 



A contract made by two or more persons with intent to injure others is 

 illegal. 



A contract in which there are misrepresentations or concealments of a 

 material fact is invalid. 



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

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

 erty purchased is different from what it really is, that contract is illegal. 

 The burden of proof is in this case always on the person deceived. It 

 requires good and abundant proof, because a written agreement goes far- 

 ther 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 intelligent consent 

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

 course, invalidate a contract, the very essence of which is consent." 



Insanity and idiocy are not the same. An insane person is one 

 whose mind is diseased or deranged ; an idiot is one who has no mind ; 



