Incapacity to consent Flashcards
1
Q
Incapacity to consent
A
- intellectual disability
- mental incapacity
- temporary incapacity
2
Q
Intellectual Disability
A
Mild
More serious
Most serious
3
Q
mild disability
A
capacity to undertsand the nature of the marriage
4
Q
more serious disability
A
guardian consent may be required
5
Q
most serious disability
A
marriage prohibitions apply
6
Q
mental incapacity
A
contractual capacity test
7
Q
contractual capacity test
A
capacity to understand the nature of the contact and the obligations and responsibilities it creates;
undue influence can annul marriages
8
Q
Temporary Incapacity
A
- severe intoxication at the time of marriage itself
- proof of lack of mental capacity at the time must be clear and definite
