Another defense that may be available if a person signs a document and is attempting to make the document unenforceable, or void the document, is the defense of lack of capacity.
Lack of capacity means that the person lacked the requisite mental capacity to enter into the agreement. A basic form of lack of capacity is that the person who signed the document is a minor and therefore the document is not binding. A minor, at least in the State of Texas, is a person under the age of 18 and whose disability has not been removed. It may be different in other states.
Another basic lack of capacity is if a contract was made with a person who lacks the mental capacity to make such a contract. Such a contract is also voidable.
Lack of capacity means that the person lacked the requisite mental capacity to enter into the agreement. A basic form of lack of capacity is that the person who signed the document is a minor and therefore the document is not binding. A minor, at least in the State of Texas, is a person under the age of 18 and whose disability has not been removed. It may be different in other states.
Another basic lack of capacity is if a contract was made with a person who lacks the mental capacity to make such a contract. Such a contract is also voidable.
NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR
IS IT INTENDED TO BE LEGAL ADVICE. IF
THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.
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tausk
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