Heeding the Call of Those Harmed by Contractual Incapacity

Sean M. Scott, Contractual Incapacity and the Americans with Disabilities Act, 124 Dick. L. Rev. 253 (2020).

Eboni Nelson

Inherent in contractual defenses such as infancy and mental incapacity is the goal of protection. In the case of infancy, contract law seeks to protect underage minors from themselves and from opportunistic adults who may attempt to take advantage of their lack of experience and judgment when entering into contracts. Similar protection goals underlie the contractual defense of mental incapacity whereby individuals […]