Is a contract signed by a mentally incompetent person binding?
Saskatchewan, Canada
The following excerpt is from Sawatzky and Sawatzky v. Sawatzky, 1986 CanLII 3651 (SK QB):
The contract of a mentally incompetent person is not void per se, but is voidable if it is shown that the other party had knowledge, either actual or constructive of such mental incapacity. If the other party had no such knowledge, the contract, if fair and bona fide, is binding. See: Fykes v. Chisholm (1911), 3 O.W.N. 21; (1911), 19 O.W.R. 977.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a contract made by a mentally incompetent person voidable and set aside if the other party knows of the deficiency? (Saskatchewan, Canada)
How have courts interpreted the terms of a contract where the contract is not enforceable and the contract does not specify terms? (Saskatchewan, Canada)
What is the effect of a contract for the sale of horses when the contract was signed on December 12, 1924? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
Can a contract be made even if the contract is more precise than the contract itself? (Saskatchewan, Canada)
When a contract expressly states on its face that the agent filling in the contract is the agent of the applicant, is that agent valid or binding? (Saskatchewan, Canada)
Is it actionable to induce or persuade another person not to enter into a contract with another person? (Saskatchewan, Canada)
Is a common form of a contract binding upon one of the parties to the same contract whether he or she reads it or not? (Saskatchewan, Canada)
What is the test for interpreting a contract where a clause in the contract requires a party to pay 100,000 of its covenants to pay £100,000? (Saskatchewan, Canada)
Can a contractor who contracts for the construction of a 200-foot tunnel run the length of the tunnel, but runs five tunnels instead, can he recover on the contract or on the quantum meruit? (Saskatchewan, Canada)
