(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