Asked by Yakelin Zamora on May 12, 2024
Verified
Which of the following characterizes the effect of incapacity caused by mental impairment?
A) A person formerly incapacitated by mental impairment cannot ratify a contract if he/she regains his capacity.
B) If a contract is found to be voidable on the ground of mental impairment,the person who lacked capacity at the time the contract was made has the right to disaffirm the contract.
C) If a court has found a person mentally incompetent after holding a hearing on his mental capacity and has appointed a guardian for him,the contract is considered voidable.
D) The contracts of people who are suffering from a mental defect at the time of contracting are usually considered to be void.
Mental Impairment
A condition affecting an individual's cognitive functions, potentially limiting their ability to perform daily tasks or make decisions.
Disaffirm
To reject or deny the validity or authority of something, especially a contract or agreement.
Incapacity
Refers to a lack of the legal ability to perform some act, such as make a contract or a will.
- Discern between void, voidable, and legally enforceable contracts, with an emphasis on mental capacity and the influence of intoxication.
Verified Answer
Learning Objectives
- Discern between void, voidable, and legally enforceable contracts, with an emphasis on mental capacity and the influence of intoxication.
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