When two people enter into a contract, six elements must be met. Those elements include:
- Offer that specifically details exactly what will be provided
- Acceptance (the agreement by the other party to the offer presented)
- Consideration (the money or something of interest being exchanged between the parties)
- Capacity of the parties in terms of age and mental ability
- Intent of both parties to carry out their promise
- The object of the contract is legal and not against public policy or in violation of law
The element we will focus on is capacity, and it means a person's legal ability to enter into a contract. To best explain who can enter into a contract, let's use some examples of who is forbidden to enter into a contract.
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