ABSTRACT
As discussed in previous chapters, the evolution of the law of contract has been dominated by a policy of individualism. However, it has long been recognised that this policy must be balanced against the policy requiring the law to protect those suffering from a disability, who cannot govern their own affairs.1 The categories of individuals who require protection from the consequences of entering into a disadvantageous contract are minors, persons of unsound mind and drunken persons. There are also special rules relating to the contractual capacity of the Crown, government and companies. This chapter deals mainly with minors, but also looks briefly at some of the other categories of incapacity.
