Your Cart
Contractual Capacity

Lack of Contractual Capacity

In Contract Law, there are certain requirements that must be met for a contract to be considered valid. One of those requirements is that the parties to the contract must have the contractual capacity to enter into the agreement.

Contractual capacity refers to the legal ability of an individual or entity to enter into a contract and be bound by its terms. In other words, it refers to the capacity of a person to make a legally binding agreement. There are several situations that can result in a lack of contractual capacity:

Minors: Generally, minors (persons under the age of 18) are considered to lack the legal capacity to enter into binding contracts. The law assumes that they do not have the maturity or judgment required to make binding agreements.

Mental incapacity: People who are mentally incapacitated due to illness, disability, or intoxication may not have the capacity to enter into contracts. This includes individuals who are under the influence of drugs or alcohol, or those who have a mental illness that impairs their decision-making abilities.

Duress or coercion: If an individual is forced or threatened into entering into a contract, they may not have the capacity to consent to the agreement. This can happen when someone is pressured or threatened to sign a contract against their will.

If a person lacks the contractual capacity to enter into a contract, any agreement they make may be considered void or unenforceable. This means that the person may not be held responsible for performing the obligations set out in the contract, and the other party may not be able to enforce the terms of the agreement.

You can learn more about this topic and relevant case law with our Contract Law notes.

Trusted by thousands of law students worldwide

Where are our students from?

Yale University

Council of Europe

Baker Mckenzie 

University of Chicago

Columbia University

New York University

University of Michigan 


University College London (UCL)

London School of Economics (LSE)

King’s College London (KCL)

University of London

University of Manchester

University of Zurich

University of York

Brandeis University

University of Exeter

University of Sheffield

Boston University

University of Washington

University of Leeds

University of Law

Royal Holloway, University of London 

Birkbeck, University of London

SOAS, University of London

University of Kent

University of Hull

Queen’s University Belfast

Toronto Metropolitan University

Hong Kong University of Science and Technology

University of Buckingham

Your perfect companion for open-book and closed-book exams

Diagrams and Charts

Our carefully designed diagrams and charts will guide you through complex legal issues.

Clear and Succinct Definitions

Key concepts are concisely defined to help you understand legal topics quickly.

Statutory Provisions

Statutory provisions are provided side by side with legal concepts to help you swiftly locate the relevant legislation.

Case Summaries

We have summarised important cases for you so that you don't need to read long and boring cases.

Rules and Exceptions

Rules and exceptions are clearly listed so that you know when a rule applies and when it doesn't.


Legal terms and key concepts are explained at the beginning of each chapter to help you learn efficiently.

Case Law

Case law is provided side by side with legal concepts so that you know how legal principles and precedents were established.

Law Essay Guide

You will learn essential law exam skills and essay writing techniques that are not taught in class.

Problem Question Guide

We will show you how to answer problem questions step by step to achieve first-class results.

Structured Explanations

Complex legal concepts are broken down into concise and digestible bullet point explanations.

Legal Research

You will learn legal research techniques with our study guide and become a proficient legal researcher.


All essential concepts, principles, and case law are included so that you can answer exam questions quickly.