What Is Contractual Capacity, and Why Is It Important? What

question 132

Essay

What is contractual capacity, and why is it important? What are some situations in which a court might consider whether contractual capacity is lacking or questionable?

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Definitions:

Intermediate Scrutiny

A standard of review under which a law must be necessary to achieve a substantial, or important, government interest and must be narrowly tailored to that interest.

Gender-based Classification

the categorization or differentiation of individuals based on their gender, which can raise legal issues particularly when it leads to discrimination.

Rational Basis

A standard of judicial review that requires a law to have a reasonable connection to a legitimate government objective to be upheld as constitutional.

Checks and Balances

Checks and balances is a system in which the different branches of government have powers that can influence and limit the powers of the other branches to prevent any single branch from becoming too powerful.