Section 7.14 Incapacity
| Library | Settling Cases 2014 |
A further requirement for the legal enforceability of a release is that the parties have the legal capacity to bind themselves by contract. Incapacity may arise from minority, insanity, drunkenness, or corporate infirmity.
Incapacity because of age is confronted most often, even though the legal age at which a person becomes competent to contract in Missouri has been reduced to 18 years. Section 431.055, RSMo 2000. This statute applies to release agreements. Holoman v. Harris, 585 S.W.2d 530, 532 (Mo. App...
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