Week 6 - Mental Incapacity Act 2005

Question 1

What does the Mental Incapacity Act set out?

Answer 1

That ‘patients’ are protected from entering into contracts

Question 2

What does this Act mean if a contract is made with a ‘patient’?

Answer 2

Any agreement made which purports to be a contract will be void

Question 3

Does this change if the other party was not aware of the incapacity?

Answer 3

No

Question 4

What needs to be done for the ‘ill’ person to avoid the contract?

Answer 4

• demonstrate at the time of concluding the contract that they did not understand the nature of the agreement
• other party must or should have known of the incapacity