Collection Actions: 5.5.1.1 Generally
An otherwise valid contract may be voidable because the consumer does not have the capacity to make the contract.233 Parties must be capable of intelligent assent in order to make a valid contract, and there can be no contract when there is no capacity to understand or agree.234 There are three conditions that give rise to questions about a person’s capacity to contract: minority, mental disability, and intoxication.