Restatement Second of Contracts § 12
Capacity to Contract
- No one can be bound by contract who has not legal capacity to incur at least voidable contractual duties. Capacity to contract may be partial and its existence in respect of a particular transaction may depend upon the nature of the transaction or upon other circumstances.
- A natural person who manifests assent to a transaction has full legal capacity to incur contractual duties thereby unless he is
- under guardianship, or
- an infant, or
- mentally ill or defective, or
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