Mental Capacity 3
The Courts use two tests to determine whether a party has the required mental capacity to the enter into a […]
Intoxication and Contractual Capacity: When Drugs or Alcohol Can Affect Enforceability
Intoxication does not automatically invalidate a contract; the key questions are the person’s functional capacity and the other party’s knowledge at the time of agreement.
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Contract LawMental Incapacity and Contract Enforceability: The Functional Capacity Inquiry
A diagnosis alone does not determine contractual capacity; the legal inquiry focuses on whether a person could understand the transaction or act reasonably in relation to it.
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Contract Law