BLBU 2234 Lecture Notes - Lecture 6: Promissory Note, Quasi-Contract, Undeclared
13 Mar 2019
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Pertains to the parties (not the contract itself) Defendant has burden of proof must prove capacity. No court order (deprive ability to make decision = guardianship) Individual has to show evidence of incompetence at the time and to the point they communicated they wanted to exit contract. Voluntary act: have to disaffirm quickly (in reasonable time, contract other party to leave contract. Held to same standard as someone who"s incompetent: undeclared voidable. Can"t understand very nature of what you"re doing. Constantly in alcoholic conditions: declaring he doesn"t understand very nature of promissory note but making purchases/pay bills through checks with same bank. When fell behind on payments notified by bank and verbally by son: ratification: cut check to pay interest on note. He actions show he most likely had understanding. Was window to disaffirm in moment of lucidity. Liable for necessaries quasi contracts: no compensation for benefit = unjust, reasonable value for services.
