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4.4-3 Mental Illness or Defect
New February 3,
2009
The defendant has raised
the affirmative defense of mental illness or defect. To establish this defense,
the defendant must prove by a preponderance of the evidence that at the time the
defendant entered into the claimed contract, the defendant did not have
sufficient mental capacity to understand the nature and effect of the contract.
Authority
Cotrell v. Connecticut
Bank & Trust, 175 Conn. 257, 261
(1978); Webster v. Woodford, 3 Day 90 (1808); 17A Am. Jur. 2d Contracts §
23.
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