AJ 025 Chapter 15: AJ 25 - chapter 15 notes
8 Oct 2020
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Intoxicated persons: when a person"s normal capacity to act or think is inhibited by alcohol or some other drug. Voidable: if person was sufficiently intoxicated to lack mental capacity, intoxicated person can void. Enforceable: if person was intoxicated but understood the legal consequences of the agreement. Hard to prove point of intoxication and therefore rarely void. Mentally incompetent persons: contract entered by persons who had previously been determined by a court as mentally incompetent and has appointed a guardian to represent the person. Only guardian can enter into a binding contract on behalf of that person. If not previously determined as mentally incompetent, but was at time of contract voidable. If entered during lucid interval, enforceable (legal capacity at time) Legality: contract must be formed for a legal purpose to be valid and enforceable. Contracts to commit a crime: any contract to commit a crime is in violation of a statute.
