Compare three cases:
1. A discerning minor makes a sale: the guardian’s ratification is relevant.
2. A non-discerning child admits a large debt: those words do not by themselves impose the debt.
3. The same child breaks another person’s property: actual compensatory liability arises for consideration.
Contract, admission and destruction are distinct. The first two concern the legal effectiveness of words, while the third concerns a real physical loss.
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Contrasting declarations and actual loss
Kitab al-Hajr: Grounds of Legal Restriction, Capacity and Liability
Compare three cases:
1. A discerning minor makes a sale: the guardian’s ratification is relevant.
2. A non-discerning child admits a large debt: those words do not by themselves impose the debt.
3. The same child breaks another person’s property: actual compensatory liability arises for consideration.
Contract, admission and destruction are distinct. The first two concern the legal effectiveness of words, while the third concerns a real physical loss.