Which party can void the contract if Mary, who has Alzheimer's, is deemed to lack legal capacity?

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In contract law, a party who lacks legal capacity is generally afforded certain protections that enable them to void a contract. In this situation, Mary, who has Alzheimer's, would be considered to lack the legal capacity to enter into a binding contract. As a result, only she, as the party affected by her diminished capacity, has the right to void the contract due to her inability to understand the terms and implications of that agreement.

This principle arises from the fundamental belief that individuals who cannot fully comprehend what they are agreeing to should not be held to the terms of a contract. Therefore, Mary has the ability to void the contract at her discretion, protecting her from obligations that she may not be able to fulfill or fully understand.

On the other hand, while a court representative could facilitate the voiding of the contract, it is not solely their prerogative to initiate the voiding process; it fundamentally rests with Mary herself when it comes to her own legal capacity. The seller, Edgar, and the lender do not have the same rights as Mary when it comes to questioning the validity of the contract based solely on her capacity. This reinforces the notion that the individual directly affected by an impaired status has the primary agency in such situations.

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