The Ability to Exercise Will Is an Element of Mental Capacity

Date

1975

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analyzes the issue of whether depression counts for lack of mental capacity and if this mental capacity means that a person has a decreased volitional will. The author introduces the court’s new mental capacity instruction that is formulated to include elements of understanding and ability to control conduct. The traditional test was limited, but the new test contains volitional incompetents in the definition of mental capacity.

Description

Rights

Rights Availability

Keywords

Mental capacity, Volitional, Contracts, Depression, Exercise of will, Nohra v. Evans, Case note

Citation

6 Tex. Tech L. Rev. 1147