Which of the following would NOT be taken into account to determine whether a party lacks capacity to form a contract due to mental illness or defect under the Restatement?

A) The party was unable to understand the nature of the transaction.

B) The other party knew that contracts with the mentally ill are voidable.

C) The other party knew about the mental illness or defect.

D) The terms of the contract are fair.

2.

Question 2

Alfred sells a new car to Billy, a minor. At the time of the transaction, Alfred, an adult, did not know that Billy was a minor. When Alfred later finds out that Billy is a minor, he seeks to void the contract by giving Billy his money back in exchange for the car. Can he?