CONTRACT LAW BY MINDY CHEN-WISHART

In Part III of the text we discussed a number of doctrines that control the contract negotiation process. Some vitiation doctrines focus on the reprehensible behaviour of the party seeking to uphold the contract (eg misrepresentation (ch 6) and duress (ch 9)); others focus on the impaired consent of the party seeking to escape the con- tract (eg mistake (ch 7)). This chapter examines a further basis for invalidating an otherwise valid contract; namely, the claimant’s incapacity to make the contract in question. Recognised categories of personal incapacity are infancy, mental incapacity, and those so affected by drink or drugs as not to know what they are doing. All others are presumed to have the capacity to make a valid contract although lesser weakness of mind, immaturity, inexperience, or lack of knowledge may, in appropriate cases, allow a party to avoid a contract for undue infl uence, as an unfair guarantee, or as an unconscionable bargain (see ch 10).
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