PJC Business

PJC 101.30

C ONTRACTS

PJC 101.30 Defenses—Instruction on Mental Capacity Failure to comply is excused if Don Davis lacked sufficient mind and mem ory to understand the nature and consequences of his acts and the business he was transacting. COMMENT When to use. PJC 101.30 is appropriate if a party defends on the basis of lack of mental capacity. It may also be used, in slightly different language, to submit an affir mative claim for rescission. Source of instruction. The instruction is derived from Mandell & Wright v. Thomas , 441 S.W.2d 841, 845 (Tex. 1969); see also Kinsel v. Lindsey , 526 S.W.3d 411, 419 (Tex. 2017). Burden of proof. The burden of proof falls on the party seeking to show lack of mental capacity. Walker v. Eason , 643 S.W.2d 390, 391 (Tex. 1982).

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