MENTAL
INCAPACITY
A
person with mental incapacity, or weakness of intellect may not have
contractual capacity. The test is whether or not the person had
sufficient soundness of mind to understand the general nature of the
contract. There are certain equitable remedies for persons who have
entered into a contract through weakness of intellect, from the
effect of alcohol etc and where the defendant was aware of the
person's incapacity.