Frequently Asked Questions
What happens if a person lacks capacity to contract?
If a person lacks capacity to contract, any agreement they enter into may be considered void or voidable. This means that the contract may not be enforceable against them, or they may have the option to rescind or cancel the contract.
How is capacity to contract determined?
Capacity to contract is typically determined by assessing a person's mental competence and legal status. Factors such as age, mental illness, intoxication, and undue influence can affect a person's capacity to contract. Courts may also consider whether the person understood the nature and consequences of the contract.
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