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module four contract defenses while we discussed building a binding contract in one three we now turn to contract defenses which make otherwise binding contracts unenforceable due to defect in the agreement the terms or the bargaining process in capacity contractual capacity is required of both parties to a binding agreement some people are unable to contract or are limited in the types of contracts that they can enter due to their inability to understand the nature and quality of the act to be performed or its consequences by requiring a minimum level of mental capacity our legal system protects these groups from being taken advantage of through unfair agreements miners miners usually under 18 in most states are limited in their capacities to enter into contracts miners may enter enforceable agreements if they have been emancipated which usually means moving into their own residence getting married or obtaining a declaration of emancipation from a court miners may also enter into enf