If a party to a contract lacks legal capacity, who has the right to void the contract?

The correct response indicates that the party lacking legal capacity has the right to void the contract. In legal terms, capacity refers to the ability of an individual to enter into a binding contract. This includes factors such as age, mental competency, and legal status. When a person does not possess such capacity—say, due to being a minor or mentally incapacitated—they are typically afforded protections under the law.

One of these protections includes the ability to void the contract. This means the person can declare that the contract is not legally binding. This principle exists to safeguard individuals who may not fully understand the obligations they are entering into, ensuring they are not trapped in disadvantageous agreements.

In this scenario, the other party in the contract does not have the authority to void the contract simply because they may feel it is unfair or take advantage of the situation. Similarly, the court's role would be to enforce the law and ensure that justice is served, but it wouldn't initiate a voiding of the contract on its own unless the affected party brings a case before it. An attorney representing the individual lacking capacity can provide guidance and help navigate the legal process, but they do not have the authority to void the contract independently. Ultimately, it is the party who lacks legal capacity