Incapacitated person can disaffirm the K once they become lucid or sober. They may also ratify the K once they become lucid or sober. 2 tests for det. Mental Incapacity 1. Cognitive Test (Shoals Ford ): Did they understand the full onsequences of what they were doing? If not, the K is voidable regardless of the other party’s awareness or lack of awareness of incapacity. 2. Volitional Test: Knows what they are doing but cannot stop themselves (twinkies) Courts don’t like the volitional test. However, where the other party to the K knew or should have known of the impairment, the volitional test will stand Involuntary intoxication: Cognitive test applies Voluntary intoxication: Volitional test applies iv) Statute of Frauds: What is covered? 1. A promise of an executor or administrator to answer for debt of decedent 2. a promise to answer for the debt of another 3. an agreement made in C of marriage 4. a K for the sale of interest in land 5. any agreement that is not to be performed within one year from the making thereof (tricky) 6.an agreement for the sale of goods for a price of more than 10 pounds sterling (WTF?)
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- Fall '06