Disability
5. Consumer Protection
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Jul 2015
- Special laws exist for people with a disability who enter into contracts when they do not have the capacity to do so or if the contract is contrary to their interests.
- When a person with a disability enters into a consumer contract that is contrary to their interests the law can intervene in a number of ways.
- In determining whether a person has the legal capacity to make a decision in relation to a particular transaction attention is paid to:
- the level of detail required to understand the transaction;
- the complexity of the transaction; and
- the value of the property involved.
- The final determination will depend on the particular person and the particular situation.
- A person's incapacity has no effect on contracts for necessities so long as a reasonable price was paid. Necessaries are things needed to maintain a reasonable lifestyle including food, clothing, medical treatment and shelter.
- The law exists to protect persons with disabilities when entering into contracts that are so substantial they have the potential to affect their capacity to provide for their day-to-day needs.
- You can find out more in our topic on Contracts and our topic on Consumer Law.
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