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Lack of Capacity | Contracts | Defenses and Excuses

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Law Simply Explained

Law Simply Explained

Күн бұрын

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...

Пікірлер: 1
@Monicasdetransition
@Monicasdetransition 4 ай бұрын
Damn dude, these videos are incredibly helpful. I'm in the middle of a Pro Se with a brother/trustee who created a fraudulent contract with me for a buyout and was tricked to sign while under the influence. However, the contract was signed 10yrs ago and did not become aware of the damage until two years ago when he finally decided to give me a copy of the contract. I wish I could afford an attorney to rip this guy apart but sadly I am on SSDI and have had to self repesent myself and learn and learn and keep learning so much that now I'm on contracts. I'm really surprised you dont have any comments? Wow! Such valuable information. I find it fascinating. Thanks.
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