(iii) Special characteristics
Finally under 'Parties', list any special characteristics the parties may have. For example, consider whether any of the following descriptions apply.
Table 15: Parties—special characteristics (examples)
Facts about the parties' special characteristics sometimes raise issues about:
- capacity (for example, a party may be too young to enter into a contract)
- consent (for example, informed consent for medical treatment of mentally disabled people)
- knowledge (for example, whether a child knew the dangers of boarding a moving train)
- questions about unconscionability and undue influence