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Download Theme 3 Contractual Capacity
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⦠Persons in a state of automatism or under the influence of medication or alcohol: ⦠Person is unable to form intent and realise the consequences of his actions due to the influence of eg. Epilepsy, alcohol, medication, etc. ⦠No contractual capacity exists while this state persists. Juristic acts performed in such a condition is null and void. ⦠Performance delivered must be returned or if that is not possible he is liable in terms of unjustified enrichment. ⦠The person claiming contractual incapacity must prove it.
