The Court of Protection has power to make a declaration in relation to a person's property and affairs including in particular the carrying out of any contract entered into by that person1. When cases come before a court in relation to the capacity to enter into a contract the judge can adopt the definition of mental capacity2 under the Mental Capacity Act 2005 if he thinks it is appropriate, however this definition is in line with the existing common law tests and does not replace them3.
The original rule of law was that a contract with
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