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 a person of unsound
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and millions of others like it, sign-in to LexisLibrary or register for a free trial.
EXISTING USER? SIGN IN
TAKE A FREE TRIAL
0330 161 1234