Mr Daley, an 84-Year-Old Patient, Is Accompanied to the Office

Mr. Daley, an 84-year-old patient, is accompanied to the office by his 53-year-old son. When the physician explains that Mr. Daley needs surgery to remove a tumor, Mr. Daley does not want the surgery. However, his son insists that he agree to the surgery, and Mr. Daley finally gives in. On the day of the surgery, Mr. Daley once again decides not to have the surgery. He says the consent form he signed is not valid. Which of the essential elements of a contract is not present in the signed consent form?

A) Agreement
B) Consideration
C) Communication
D) Legal subject matter
E) Contractual capacity