Justin is mentally incompetent but has not been so adjudged by a court. Any contract Justin enters into is voidable if, at the time of contracting, Justin
A) has a lucid interval.
B) lacks the capacity to comprehend the consequences.
C) does not inform the other party that he is incompetent.
D) none of the choices.

Question

Justin is mentally incompetent but has not been so adjudged by a court. Any contract Justin enters into is voidable if, at the time of contracting, Justin
A) ​has a lucid interval.
B) ​lacks the capacity to comprehend the consequences.
C) ​does not inform the other party that he is incompetent.
D) ​none of the choices.

Quizplus · Accepted Answer

A person who is mentally incompetent lacks the capacity to comprehend the consequences of their actions. Therefore, any contract they enter into is voidable if they lack this capacity at the time of contracting. It is not necessary for Justin to inform the other party of his incompetence, as the other party would be expected to determine Justin's capacity to contract before entering into the contract. A lucid interval may indicate that Justin has the capacity to contract at that moment, but it does not guarantee that he has the capacity to do so at all times. Therefore, the correct answer is (B) lacks the capacity to comprehend the consequences.

Justin Is Mentally Incompetent but Has Not Been So Adjudged