Quote:
Originally Posted by Tron_fdc
I can't believe I just looked it up.
For insane or drunkenness, the contracting party must recognise the other parities incapability in order for it to be enforceable. The onus is on the person claiming to be insane or drunk that the other party knew and took advantage of them. In both cases once the incapable party becomes capable they must repudiate the contract immediately. Failure to do so legitimises the contract.
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lol yeah I also looked it up, I stand corrected. Its been a few years since I took that course.