2. All persons generally can be parties to contracts, unless they labor under some disability.
3. Consent being essential to all valid contracts, it follows that
persons who want, first, understanding; or secondly, freedom to exercise
their will, cannot be parties to contracts. Thirdly, persons who in
consequence of their situation are incapable to enter into some
particular contract. These will be separately considered.
4. - §1. Those persons who want understanding, are idiots and lunatics; drunkards and infants,
5. - 1. The contracts of idiots and lunatics, are riot binding; as they
are unable from mental infirmity, to form any accurate judgment of their
actions; and consequently, cannot give a serious and sufficient
consideration to any engagement. And although it was formerly a rule
that the party could not stultify himself; 39 H. VI. 42; Newl. on Contr.
19 1 Fonb. Eq. 46, 7; yet this rule has been so relaxed, that the
defendant may now set up this defence. 3 Camp. 128; 2 Atk. 412; 1 Fonb.
Eq. n. d.; and see Highm. on Lun. 111, 112; Long on Sales, 14; 3 Day's
Rep. 90 Chit. on Contr. 29, 257, 8; 2 Str. 1104.
6. - 2. A person in a state of complete intoxication has no agreeing
mind; Bull. N. P. 172; 3 Campb. 33; Sugd. Vend. 154 Stark. Rep. 126; and
his contracts are therefore void, particularly if he has been made
intoxicated by the other party. 1 Hen. & Munf. 69; 1 South. Rep.
361; 2 Hayw. 394; see Louis. Code, art. 1781; 1 Clarke's R. 408.
7. - 3. In general the contract of an infant, however fair and conducive
tohis interest it may be, is not binding on him, unless the supply of
necessaries to him be the object of the agreement; Newl. Contr. 2; 1 Eq.
Cas. Ab. 286; l Atk. 489; 3 Atk. 613; or unless he confirm the
agreement after he shall be of full age. Bac. Abr. Infancy; I 3. But he
may take advantage of contracts made with him, although the
consideration were merely the infant's promise, as in an action on
mutual promises to marry. Bull. N. P. 155; 2 Str. 907; 1 Marsh. (Ken.)
Rep. 76; 2 M. & S. 205. See Stark. Ev. pt. iv. page 724; 1 Nott
& McCord, 197; 6 Cranch, 226; Com. Dig. Infant; Bac. Abr. Infancy
and Age; 9 Vin. Ab. 393, 4; Fonbl. Eq. b. 1 c. 2; §4, note b; 3 Burr.
1794; 1 Mod. 25; Stra. 937; Louis. Code, article 1778.
8. - §2. Persons who have understanding, who, in law, have not freedom
to exercise their will, are married women; and persons under duress.
9. - 1. A married woman has, in general, no power or capacity to
contract during the coverture. Com. Dig. Baron & Feme, W; Pleader, 2
A 1. She has in legal contemplation no separate existence, her hushand
and herself being in law but one person. Litt. section 28; see Chitty on
Cont. 39, 40. But a contract made with a married woman, and for her
benefit, where she is the meritorious cause of action, as in the
instance of an express promise to the wife, in consideration of her
personal labor, as that she would cure a wound; Cro. Jac. 77; 2 Sid.
128; 2 Wils. 424; or of a bond or promissory note, payable on the face
thereof to her, or to herself and hushand, may be enforced by the
hushand and wife, though made during the coverture. 2 M. & S. 396,
n. b.; 2 Bl. Rep. 1236; 1 H. Black. 108. A married woman has no original
power or Authority by virtue of the marital tie, to bind her bushand by
any of her contracts. The liability of a bushand on his wife's
engagements rests on the idea that they were formed by his authority;
and if his assent do not appear by express evidence or by proof of
circumstances from which it may reasonably, be inferred, he is not
liable. 1 Mod. 125; 3 B. & C. 631; see Chitty on Cont. 39 to 50.
10. - 2. Contracts may be avoided on account of duress. See that word, and also Poth. Obl. P. 1, c. 1, s. 1, art. 3, §2.
11. - §3. Trustees, executors, administrators, guardians, and all other,
persons who make a contract for and on behalf of others, cannot become,
parties to such contract on their own. account; nor are they allowed in
any case to purchase the trust estate for themselves. 1 Vern. 465; 2
Atk. 59; 10 Ves. 3; 9 Ves. 234; 12 Ves. 372, 3 Mer. Rep. 200; 6 Ves.
627; 8 Bro. P. C. 42 10 Ves. 381; 5 Ves. 707; 13 Ves. 156; 1 Pet. C. C.
R. 373; 3 Binn. 54; 2 Whart. 53; 7 Watts, 387; 13 S. & R, 210; 5
Watts, 304; 2 Bro. C. C. 400; White's L. C. in Eq. *104-117; 9 Paige,
238, 241, 650, 663; 1 Sandf. R. 251, 256; 3 Sandf. R. 61; 2 John. Ch. R.
252; 4 How. S. C. 503; 2 Whart. 53, 63; l5 Pick. 24, 31. As to the
transactions between attorneys and others in relation to client's
property, see 2 Ves. jr. 201; 1 Madd. Ch. 114; 15 Ves. 42; 1 Ves. 379; 2
Ves. 259. The contracts of alien enemies may in, general be avoided,
except when made under the license of the government, either express or
implied. 1 Kent, Com. 104. See 15 John. 6; Dougl. 641. As to the persons
who make contracts in equity, see Newl. Cont. c. 1, pp. l to 33.
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