LAW 122 Lecture 8: Law 122 Notes After Second Midterm
7 Oct 2016
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If a court has declared a person to be lacking in mental capacity, their contracts are void and can not be enforced at all. If there is no declaration, a person may still be considered mentally incompetent if they lack the mental capacity to contract at the time the contract is formed. If so the contract is voidable: the contract of a person with a mental incapacity is voidable only if the other party should have recognized the problem. Intoxicated persons: similar to the rules of mental incapacity, the contract is voidable if two conditions are met, 1. The person must have been so drunk that they could not know or appreciate what they were doing: 2. Indian bands and aboriginal people: an indian band is a body of aboriginal people whose land and money b. are held by the crown. For most contracts there are no formal requirements. However certain types of contracts must be evidenced in writing.
