The Ability to Exercise Will Is an Element of Mental Capacity
Date
1975
Authors
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