Lack of Capacity | Contracts | Defenses and Excuses скачать в хорошем качестве

Lack of Capacity | Contracts | Defenses and Excuses

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 https://docs.google.com/presentation/...