Sam is mentally incompetent but has not been adjudged by a court to be incompetent. Sam enters into a contract with Tony for the cleaning and maintenance of Uptown Office building. Most likely, the contract is
A) voidable if Sam did not comprehend the consequences.
B) enforceable if Tony did not know that Sam was mentally incompetent.
C) enforceable if Sam is the owner of the building.
D) void.

Question

Quizplus · Accepted Answer

Since Sam is mentally incompetent, he is not capable of understanding the consequences of the contract that he is entering into. Therefore, the contract is voidable at the option of Sam, or his legal representative. The fact that Tony did not know about Sam's mental incompetence does not make the contract enforceable. The ownership of the building is also irrelevant in this case.

Sam Is Mentally Incompetent but Has Not Been Adjudged by a Court