What is the test for rescission under section 39 of the California Civil Code on a contract signed by a person of unsound mind?
MultiRegion, United States of America
The following excerpt is from Roberto v. Aguon, 519 F.2d 754 (9th Cir. 1975):
Civil Code Section 38 (with exceptions not here relevant) states: "A person entirely without understanding has no power to make a contract of any kind, . . ." Civil Code Section 39 states: "A conveyance or other contract of a person of unsound mind, but not entirely without understanding, made before his incapacity has been judicially determined, is subject to rescission . . .." 3 See Smalley v. Baker, 262 Cal.App.2d 824, 834, 69 Cal.Rptr. 521 (1968).
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