In order for a person under mental incapacity to avoid a contract made while that person was incapacitated,the incapacitated person must show
A)that neither party knew what was happening.
B)that there was no intention to enter into a contract.
C)that the contract was unfair.
D)that the other party should have recognized the incapacity.
E)all of the above

Question

Quizplus · Accepted Answer

In order for a person under mental incapacity to avoid a contract made while that person was incapacitated, they must show that the other party should have recognized their incapacity. This is because the other party has a duty to deal fairly with a person who is known or should be known to be mentally incapacitated. The other options (A, B, and C) do not necessarily apply in cases of mental incapacity.

In Order for a Person Under Mental Incapacity to Avoid