Page 46 - The Circle of Life
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time in law when you could be forced to continue with the marriage even if you
did not want to.
What happens if a minor enters into a contract without your permission? This
happens more often than not. In my briefing on drug abuse under teenagers
called The Drug Addict Pattern we deal with this question in more detail. Simply,
the contract is null and void for he could not legally enter into it. Some argue
that you as a parent may be able to approve and agree on it later (called
ratification in law) but the point is that the contract as is, before ratification, is
null and void. It has no legal consequences except for restitutio in integrum
which is only fair.
The problem is that restitutio in integrum is not always possible and then
damages come into it. A practical example of restitutio in integrum in this case is
where the child sells his mobile phone for drug money. He had no right to sell
the mobile in the first place so the buyer must return it and the child the money
(which he probably spent on drugs already so you end up buying the mobile
back). This is restitutio in integrum. Translated it means to go back to the way it
was before the contract. As with most of law it is a fair enough system. The law
is neutral.
Thirdly your contract must be legal in the sense that its purpose may not be
against any statute (written law) or common law (unwritten law). Let me
explain. Where two parties enter into an agreement with each other to supply
and sell cocaine that would an illegal purpose and not seen as a legally binding
contract. You often read about a contract killing or hit and it happens a lot. Just
the other day I read in the newspapers of a lawyer who was clearly taken out.
Technically it refers to ordering the killing and not a contract in writing as such
even though in these things I presume (no first-hand experience) that the
elements of a contract are all there. Still, it is not a legally binding contract and
if the hit man fails to do the job properly he cannot be sued for breach of
contract. However this is because of the "unclean hands (Wagoner in American)
principle" and not because of the lack of a legal contract. I am sure you get the
general idea.
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