Читать книгу Canadian Business Contracts Handbook - Nishan Swais - Страница 43

To this point, we have used the word “person” in reference to human beings. However, at law, “persons” is a term used more broadly to apply to any legally recognized entity (human beings included) who may be a party to a contract. This includes corporations, partnerships, sole proprietorships, organizations, charities, trusts, and other entities.

It may seem odd to refer to such entities as persons, but that is both common and acceptable in legal circles. That is why, when lawyers speak in terms of the persons who are parties to a contract, they are often referring to business entities as well as individuals.

It probably goes without saying that the concepts of age and mental capacity do not apply in the context of contracting with business entities. Indeed, there is very little at law to restrict the ability of a business entity to contract at all. However, because a business entity cannot literally pick up a pen and sign a contract or walk into a store and buy an item, those contracting with business entities need to exercise a greater deal of caution in determining precisely whom they are dealing with.

This is best considered in connection with a second important matter relating to privity, which is attestation.