Lack of Capacity
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
On this page:
Writing Template
Issue
I: The issue is whether the contract was entered by a party that lacked capacity.
Analysis
R: A party may lack capacity to enter a contract if they are an (1) infant (under the age of majority), (2) mentally ill or defective, (3) under guardianship, or (4) intoxicated.
A: Here, [party name] likely lacked capacity because they were [e.g., an infant].
1. Infancy
R: Individuals under the age of majority (typically 18) are considered infants and generally have the power to void contracts they enter, although the adult party may still claim the reasonable value of necessities provided. When a minor reaches the age of majority they must void contracts they entered into as a minor within a reasonable amount of time.
A: Here, [apply rule to facts].
2. Mental Illness
R: A (1) contract is void if a party has been adjudicated mentally incompetent. If (2a) the mental illness or defect is not adjudicated but renders the party unable to understand the contract’s nature and consequences, or to act reasonably, the contract is voidable if the other party knew of the condition. The (2b) court may deny avoidance if the contract is fair and performed in part without knowledge of the condition.
A: Here, [apply rule to facts].
3. Guardianship
R: If a party is under guardianship due to mental illness or incapacity, any contract they attempt to enter is void. However, the other party may recover for necessities provided under the contract.
A: Here, [apply rule to facts].
4. Intoxication
R: A contract is voidable if one party was so intoxicated that they could not understand the nature and consequences of the agreement, and the other party was aware of the intoxication. The standard applies both to voluntary and involuntary intoxication, though the contract is more likely voidable if the intoxicated person was unaware they were impaired.
A: Here, [apply rule to facts].
Conclusion
C: Therefore, [party name] lacked capacity due to [condition], and the contract is [void/voidable].
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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