North Carolina Post Licensing 302 Practice Exam 2025 - Free Post Licensing Practice Questions and Study Guide

Question: 1 / 400

What is a valid reason for a contract to be voidable?

The presence of legal capacity

Drunkenness or lack of mental capacity

A contract can be considered voidable when one of the parties involved lacks the legal capacity to enter into the agreement, which is often due to conditions such as drunkenness or a lack of mental capacity. This means that if a person was intoxicated or was not mentally capable of understanding the contract at the time of signing, they have the option to affirm or rescind the contract upon regaining their capacity.

This legal principle is in place to protect individuals who may not fully comprehend the implications or responsibilities of a contract due to their impaired state. If a contract is voidable, it remains valid until the party with the ability to void it chooses to do so. Thus, the presence of conditions that affect a person's mental capacity can lead to a situation where the contract is deemed enforceable against one party but not the other.

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Mutual agreement

Signed with witnesses

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