The party claiming incapacity, or the lack of legal ability to create a contract:
A) does not have the burden of proving it
B) must claim incapacity before the discovery stage of a trial
C) must have at least 3 witnesses who can testify on his behalf
D) must claim incapacity before acceptance
E) none of the other choices are correct

Question

Quizplus · Accepted Answer

The statement that the party claiming incapacity does not have the burden of proving it, must claim incapacity before the discovery stage of a trial, must have at least 3 witnesses who can testify on his behalf, or must claim incapacity before acceptance are all incorrect. In legal contexts, the party claiming incapacity typically has the burden of proving it, and there are no specific rules regarding the timing (before discovery or acceptance) or the number of witnesses required to establish incapacity.

The Party Claiming Incapacity, or the Lack of Legal Ability