According to thetextbook, which of the following is an INCORRECT statement regarding mental incompetence and contractualcapacity?

A.

The law protects people suffering from substantial mental incapacity from enforcement of contracts against them because such persons may not understand the consequences of their actions in entering into a contract. The former mayor of San Diego could seek to be excused from the ramifications of her gambling on this basis.

B.

In certaincases, a party to a contract may not have had the requisite mental competence to have entered into an enforceablecontract; in thosesituations, a mentally incompetent party will not be bound to the contract. It is rather questionable whether the former San Diego mayor meets the test of mental incompetence.

C.

To be relieved of his or her duties under acontract, a person must be legally insane at the time the motion to nullify the contract is filed with the court.

D.

In mostcontracts, the parties to the contract are mentally competent to enter into the contract.

E.

Mental incapacity may arise because of mentalillness, braindamage, mentalretardation, senility, and the like. The former mayor of San Diego sought to be excused from the ramifications of her gambling on this basis.