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This lesson covers our second defense to formation: lack of capacity. Our first was the Statute of Frauds, which requires a claimant to have proof other than just testimony that a contract exists before the claimant gets her day in court.
A defendant lacks the capacity to contract if she is (1) a minor/infant, (2) mentally incompetent, or (3) intoxicated. If so, then she has the right to disaffirm the contract.
Chapter
00:00 - Introduction/Context
03:25 - Rationale for lack of capacity defense
03:48 - Who lacks of capacity to contract?
04:18 - Consequence of proving lack of capacity
13:21 - How disaffirmance works
18:05 - Rules and exceptions for each type of incapacity
18:20 - (1) Minor/infants - under 18
24:42 - (2) Mentally incompetent persons
30:19 - (3) Intoxicated persons if other person has reason to know
31:57 - Conclusion/Outro
The FREE flashcards that accompany this video are available at docs.google.co...