Page 46 - The Circle of Life
P. 46

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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