Title of Unit Developed By

Human Resources Legal Capacity to Contract William Daryl Allison

Grade Level Time Frame

Teachers / Professional Development 5 days

Identify Desired Results (Stage 1) ontent Standards

G!S Standard"#lement$ !" Demonstrate understanding of specific legal areas that most commonly affect personal and #usiness relationships! a! Contract la$% insurance% #an&ruptcy% property la$% computer la$% harassment% discrimination! #L% &'1(SL1$ 'nitiate and participate effectively in a range of colla#orative discussions (one)on)one% in groups% and teacher)led* $ith diverse partners on grades +, - topics% te.ts% and issues% #uilding on others/ ideas and e.pressing their o$n clearly and persuasively!

Understandings
*verar+,ing Understanding

#ssential )uestions
*verar+,ing Topi+al

Students -ill understand t,at$ Contract capacity is the a#ility to understand that a contract is #eing made and its general meaning Age of ma0ority is the age at $hich a person can #e legally #ound to contracts
Related .is+on+eptions

What is contract la$1 Ho$ can contract have legal implications if disregarded1

What is Capacity1 What is 2mancipation1 Can minors #e legally responsi#le for violating contract la$s1

There are no conse3uences for disregarding a legal contract! The actions of minors have no legal conse3uence on their parents or legal guardians!

/no-ledge
4tudents $ill &no$5

S0ills
4tudents $ill #e a#le to5

The conse3uences for violating contract la$ for #oth parents/guardians and themselves! The age of ma0ority% $hen the student is solely responsi#le! Who has contractual capacity in organi6ations!

Define and research important terms in regards to contract la$! Read and analy6e case studies and ma&e an imformed report #ased on information given! 7se a variety of soft$are to complete pro0ects!

%ssessment #viden+e (Stage 1) !erforman+e Tas0 Des+ription

The students $ill #e as&ed to use several W28 "!- tools to in order to complete pro0ects! 4tudents $ill #e re3uired to do e.tensive research in order to complete attached pro0ects

*t,er #viden+e
Pro0ect 9 and pro0ect 9" assigned for independent practice $ill #e evaluated $ith the assigned ru#rics! Pro0ect 9: $ill #e evaluated for completion!

Learning !lan (Stage 2)

%LL R#)UIR#D % TI3ITI#S %4D !R*5# TS .UST B# SUB.ITT#D 3I% !*D %ST6 http;//$$$!podomatic!com/login/ D%7 16 %+tivator As& students if they have ever tried to get out of a contract #ecause they $ere young and ine.perienced in the matter! Then as& students if they have a legal right to disaffirm contracts made $hile they $ere still in their minority! 'ndicate that most minors are not a$are of their right of disaffirmance and therefore are vulnera#le to those $ho $ould ta&e unfair advantage of them! Around the $orld there are many differences in the ages that youth are permitted to leave school% $or&% and get married! <or e.ample% a child may leave school at age - in 8angladesh and age = in the 7nited 4tates! There is no minimum age of employment in >e$ ?ealand $hile the minimum age in Armenia is =! A =)year)old @apanese $oman may marryA ho$ever a male in 'ndia must $ait until age " to get married! As& students to conduct research a#out la$s concerning the age of ma0ority for a country other than the 7nited 4tates! Research must #e accomplished through any listed Resear+, Tool listed on the $e# site

http;//cooltoolsforschools!$i&ispaces!com/Home and uploaded as a podcast! D%7 16

2mphasi6e ho$ capacity can #e satisfied! Capacity does not mean understanding the actual terms of the contract or not understanding a paraphrasing of the terms% #ut having the a#ility to understand the conse3uences of the contract terms! 16 The la$ presumes that an adult has contractual capacity! A court revie$ is re3uired to prove this assumption to #e incorrect! The court hearing may have the goal of determining $hether or not a person should #e considered $ithout capacity on a permanent #asis! The second revie$ generally comes in the conte.t of a trial to enforce contractual lia#ility! 'n this type of case% temporary insanity or temporary into.ication is used as a defense! 26 A person is considered B on the day #efore the B th #irthday #ecause the la$ does not consider fractions in such matters and one tic& after midnight on that day the person is considered to have lived :=5 days of his or her C th year! 86 Case 4tudy; Alicia is = years old in a state $here the age of ma0ority is +! Alicia plans to #egin $or&ing at a restaurant ne.t month! Her parents are $illing to let her use one of their cars% #ut Alicia $ants her o$n car! 'f Alicia #uys a car for fair mar&et value% $ould she #e a#le to return the car and get a full refund1 2.plain your ans$er! Answer: 4ince Alicia is a minor% she does have special contractual rights $hen she purchases necessaries! 'n this case Alicia does not really need the car since her parents have offered the use of their car! The car dealer could not legally refuse to ta&e the car #ac& and must return Alicia/s money! DDAns$er should #e record as a Podcast entry Important Terms for t,is Lesson$ +ontra+tual +apa+ity ) the a#ility to understand that a contract is #eing made and its general meaning age of ma0ority ) the age at $hich a person can #e legally #ound to contracts minor ) a person $ho has not reached the age of ma0ority% $hich is usually B disaffirman+e ) ending a contract $hen #oth parties give #ac& the consideration ne+essaries ) things needed to maintain life and lifestyle ratifi+ation ) acting to$ard a contract as though one intends to #e #ound #y it eman+ipation ) the severing of the child)parent relationship mental in+apa+ity ) not having the a#ility to understand the conse3uences of contractual acts into9i+ation ) mental impairment caused #y voluntary use of alcohol% drugs% or inhalants s+ope of aut,ority ) $ithin the range of acts an organi6ation has authori6ed a party to do After defining the terms! The student $ill ma&e a $ord cloud using the terms as proof of understanding

http;//$$$!$ordle!net/ D%7 26 4otes to Instru+tor$ A 4ince minors do not have the capacity to #e #ound #y contractual agreements% they $ill need a co)signer $ho legally can #e #ound #y the agreement! Eany students start college as a minor! They $ill #e #ound to apartment rental agreements since housing is a necessity! D2mancipation of a minor can #e the result of many different situations! Fnce a person is emancipated% they $ill have the contractual responsi#ilities of an adult! DAn into.icated person lac&s capacity to #e #ound #y a contractual agreement! 7sing into.ication as a defense for not #eing #ound #y a contract is very em#arrassing! D'nto.ication can #e in the form of alcohol or drugs! *utline ,ttp$""---6s+ri:d6+om"do+"11&18(8;&"*utline'for' apaity'of' ontra+ts Students -ill open and ,ave t,e outline a:ove for use on pro<e+ts6 T,e students -ill also atta+, t,e URL to t,eir pod+ast -it, a 1 paragrap, summary of t,e outline6 '! What is Capacity1 A! Contractual capacity , the a#ility to understand the conse3uences of a contract! 8! Protections for those $ho lac& capacity('ncapacitated* ! Einors a! age of ma0ority is B in most states #! age of ma0ority is + or " in a fe$ states c! minors have yet reached the age of ma0ority d! minority ends the day #efore the #irthday of the age set as the age of ma0ority e! contracts of most parties $ho lac& capacity are considered voida#le f! disaffirmance , refusal to #e #ound #y a previous legal commitment g! minors must pay at least a reasona#le value for necessaries (food% clothing% and shelter* even if they disaffirm the actual purchase contract! h! emancipation , severing of the child)parent relationship (ends the duty of the parent to support child and the duty of the child to o#ey the parent! )The parent and minor agree that the parent $ill cease support!

)The minor marries )The minor moves out of the family home! )The minor #ecomes a mem#er of the armed forces! )The minor gives #irth! )The minor underta&es full)time employment! "! Those mentally 'ncapacitated a! person lac&s the a#ility to understand the conse3uences of his or her contracts #! people $ith severe mental illness% severe mental retardation% or severe senility lac& capacity! :! The 'nto.icated a! from using alcohol in forms such as #eer or vod&a #! from using drugs such as mari0uana or crac& cocaine% or inhaling products such as glue or aerosols! ''! Who Has Contractual Capacity in Frgani6ations1 A! 4omeone $ho has capacity )is $ithin his or her scope of authority 8! When the organi6ation leads others to #elieve that a person has certain authority C! When an employer tells an employee that they are authori6ed to #ind the organi6ation D! Po$er of attorney gives an individual authority to sign for/#ind an organi6ation! The vice president or mar&eting director of a company may have the po$er to sign #inding contracts in the name of the #usiness! Guided !ra+ti+e As& students to give three situations that $ill re3uire them to sign a #inding agreement at an early age! Ans$ers may include college loan% car loan% or an apartment lease! 2.plain ho$ the apartment lease involves shelter (necessity for life* and does not re3uire the co)signature to #ind the minor! The car loan and college loan $ill pro#a#ly re3uire the minor to have a co)signature! ase$ Eatt% age C% entered into a contract $ith Professional 4cu#a Diving% 'nc! Eatt signed a release form% releasing Professional 4cu#a Diving from lia#ility for negligence arising out of in0ury to Eatt $hile he $as participating in Professional 4cu#a Diving/s training or other services contemplated #y the agreement! 2ight months after Eatt/s B th #irthday% he $as in0ured in a scu#a diving lesson! Eatt sued Professional 4cu#a Diving alleging that the contract he signed $ith them $as void #ecause he $as under B years old $hen he signed it! Will Eatt #e a#le to get out of the contract1 2.plain! %ns-er$ Eatt is responsi#le for the contract! While minors have the right to void contracts they enter into as minors% they must do so either $hile they are minors or $ithin a short time period after reaching the age of ma0ority! 2ight months is too long% and Eatt $ill #e held lia#le on the contract!

D%7 86

Independent !ra+ti+e$ 16 La+0ing apa+ity !o-er!oint !resentation$ Design a presentation that sho$s $hich groups of individuals lac& the capacity to #e #ound #y a contract! The presentation should include politically correct and appropriate for classroom use pictures and captions! This pro0ect may not #e completed on Po$erPoint or Pre6i! 4tudent must choose W28 "!presentation program from the attached $e# site! http;//cooltoolsforschools!$i&ispaces!com/PresentationGTools 16 #man+ipated .inors !oster$ Design a poster that illustrates si. informal means of emancipation for a minor! The poster should include pictures and te.t! 7se the W28 "!- tool 8loc&Poster!com! Tutorials are availa#le! http;//$$$!#loc&posters!com/ 26 ase %ssignment$ @ennifer $as a $holesaler of flo$ers! Her friend% Carrie% $or&ed for a grocery store as a chec&er! Fne day @ennifer stopped #y during Carrie/s #rea& and as&ed if she could sell her flo$ers through that store! Carrie said yes and signed a contract to purchase "- do6en roses for the store! When @ennifer tried to deliver the roses% they $ere refused #y the store and @ennifer sued! Can @ennifer $in the la$suit1 %ns-er$ @ennifer cannot $in the la$suit #ecause Carrie does not have the capacity (scope of authority* to sign/#ind the grocery store $ith legal contracts

R24F7RC24
http;//masha#le!com/"--C/-C/-H/podcasting)tool#o./ http;//podcastans$erman!com/learn)ho$)to)podcast/

La+0ing apa+ity !resentation Business La- = Legal apa+ity to ontra+t Independent !ra+ti+e %ssignment Ru:ri+ 4tudent >ameIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

ategory !resentation

1(
Well)rehearsed $ith smooth delivery that holds audience attention! Ea&es e.cellent use of font% color% graphics% etc! to enhance the presentation Covers topic in)depth $ith details and e.amples! 4u#0ect &no$ledge is e.cellent Content is $ell organi6ed using headings or #ulleted lists to group related material! Product sho$s a large amount of original thought! 'deas are creative and inventive!

1;
Rehearsed $ith fairly smooth delivery that holds audience attention most of the time! Ea&es good use of font% color% graphics% effects% etc! to enhance the presentation 'ncludes essential &no$ledge a#out the topic! 4u#0ect &no$ledge appears to #e good! 7ses headings or #ulleted lists to organi6e% #ut the overall organi6ation of topics appears fla$ed! Product sho$s some original thought! Wor& sho$s ne$ ideas and insights!

1(
Delivery not smooth% #ut a#le to maintain interest of the audience most of the time! Ea&es use of font% color% graphics% effects% etc! #ut occasionally these detract from the presentation content! 'ncludes essential information a#out the topic #ut there are )" factual errors! Content is logically organi6ed for the most part!

; or less
Delivery not smooth and audience attention often lost! 7se of font% color% graphics% effects etc! #ut these often distract from the presentation content! Content is minimal or there are several factual errors! There $as no clear or logical organi6ational structure% 0ust lots of facts! 7ses other peopleJs ideas% #ut does not give them credit!

%ttra+tiveness

ontent

*rgani>ation

*riginality

7ses other peopleJs ideas (giving them credit*% #ut there is little evidence of original thin&ing!

Total S+ore???????? .a9imum 1(( !oints #man+ipated .inors !oster Business La- = Legal apa+ity to ontra+t Independent !ra+ti+e %ssignment Ru:ri+ 4tudent >ameIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

%T#G*R7 ontent %++ura+y Re@uired #lements

1(
At least C accurate facts are displayed on the poster! The poster includes all re3uired elements as $ell as additional information! 4tudent can accurately ans$er all 3uestions related to facts in the poster and processes used to create the poster!

1;
5= accurate facts are displayed on the poster! All re3uired elements are included on the poster! 4tudent can accurately ans$er most 3uestions related to facts in the poster and processes used to create the poster! Eost graphics are in focus and the content easily vie$ed and identified from = ft! a$ay! The poster is attractive in terms of design% layout and neatness!

1(
:H accurate facts are displayed on the poster! All #ut of the re3uired elements is included on the poster! 4tudent can accurately ans$er a#out C5K of 3uestions related to facts in the poster and processes used to create the poster! Eost graphics are in focus and the content is easily vie$ed and identified from H ft! a$ay! The poster is accepta#ly attractive though it may #e a #it messy!

; or less
Less than : accurate facts are displayed on the poster! 4everal re3uired elements $ere missing!

/no-ledge Gained

4tudent appears to have insufficient &no$ledge a#out the facts or processes used in the poster!

Grap,i+s larity

%ttra+tiveness

Lraphics are all in focus and the content easily vie$ed and identified from = ft! a$ay! The poster is e.ceptionally attractive in terms of design% layout% and neatness!

Eany graphics are not clear or are too small! The poster is distractingly messy or very poorly designed! 't is not attractive!

Total S+ore????????????? .a9imum 1(( !oints

<rom; Wiggins% Lrant and @! Ec Tighe! ( ++B*! Understanding by Design% Association for 4upervision and Curriculum Development '48> 9 -)BC "-): :)B (pp&*