ABSTRACT

People with disabilities, in particular people with intellectual or cognitive disabilities, face a disproportionate level of discrimination and exclusion regarding entering into and exiting contracts. This can be in the form of formal or informal barriers. Formal barriers to contract are restrictions on decision making in the form of plenary or partial guardianship and requirements for rationality and cognition imposed through the concepts such as an 'intentional meeting of minds' or mutual intention to create legal relations. Contracts at their most basic level are about buying and selling either goods or services. While a thorough examination of contract law and in particular contractual capacity and disability is beyond the scope of this chapter. Some contracts are on the face of it simple transactions, for example buying a bus ticket, but come with a myriad of express and implied terms which make them more complex than any of us would consider when completing this often mundane task.