Which of the following is true of the right to disaffirm?
A) If there was no reason to know of the other party's lack of capacity, the contract can be disaffirmed without placing him or her in status quo.
B) If the plaintiff knew or should have known of the other party's incapacity, the person lacking such capacity is not allowed to disaffirm without restoring the status quo.
C) On disaffirmance, people lacking mental capacity must return any consideration that they had received.
D) People lacking mental capacity cannot disaffirm their contracts.

Question

Quizplus · Accepted Answer

Like minors, people lacking mental capacity can disaffirm their contracts and, on disaffirmance, must return any consideration they received that they still have. If there was no reason to know of the other party's lack of capacity, the contract cannot be disaffirmed without placing him or her in status quo.

Which of the Following Is True of the Right to Disaffirm