Note that a contract with a person who has some sort of mental defect that prevents that person from being able to legally contract means that he lacks capacity.
In contract law, capacity refers to a person's ability to enter into a legally binding agreement. In order to be considered legally capable of entering into a contract, a person must have the mental capacity to understand the nature and consequences of the agreement, and must not be under any legal disability that would prevent them from entering into a contract.
Capacity is important because it determines whether or not a contract is enforceable. If one party lacks capacity, the contract may be considered void or voidable, meaning that it is not legally binding.
There are several factors that can affect a person's capacity to enter into a contract, such as age, mental impairment, intoxication, etc. In some cases, a person may lack capacity due to their age, such as if they are under the age of 18 or are considered to be mentally incompetent.
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