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4.4-3  Mental Illness or Defect 

New February 3, 2009 

The defendant has raised the affirmative defense of mental illness or defect.  To establish this defense, the defendant must prove by a preponderance of the evidence that at the time the defendant entered into the claimed contract, the defendant did not have sufficient mental capacity to understand the nature and effect of the contract.  

Authority

Cotrell v. Connecticut Bank & Trust, 175 Conn. 257, 261 (1978); Webster v. Woodford, 3 Day 90 (1808); 17A Am. Jur. 2d Contracts § 23.
 


 

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