12 Capacity to Contract
1) No one can be bound by contract who has not legal capacity to incur at least voidable contractual duties. Capacity to contract may be partial and its existence in respect of a particular transaction may depend upon the nature of the transaction or upon other circumstances.
2) A natural person who manifests assent to a transaction has full legal capacity to incur contractual duties thereby unless he is:
- under guardianship, or
- an infant, or
- mentally ill or defective, or
13 Persons Affected by Guardianship
A person has no capacity to incur contractual duties if his property is under guardianship by reason of an adjudication of mental illness or defect.
Unless a statute provides otherwise, a natural person has the capacity to incur only voidable contractual duties until the beginning of the day before the person's eighteenth birthday.