700.12A. [1] Incompetence

700.12A [1] Incompetence The law provides if [name of defendant] [names of defendants] is [are] not competent because [he] [she] [they] [is] [are] [a] minor[s] or because [he] [she] [they] [is] [are] mentally ill or [has] [have] insane delusions, then the contract cannot be enforced against [him] [her] [them]. [Name of defendant] [Names of defendants] [claims] [claim] and [has] [have] the burden of proving at the time [he] [she] [they] entered into the contract, [he] [she] [they] did not have the mental competence or capacity to understand the nature and consequences of the agreement. In order to be excused from performing the contract, [name of defendant] [names of defendants] [has] [have] the burden of proving one of the following: At the time the contract was made [name of defendant] [names of defendants] [was] [were] under 18 years old. OR At the time the contract was made, [name of defendant] [names of defendants] lacked the mental competence or capacity to understand the nature and consequences of the agreement and [was] [were] unable to protect [his] [her] [their] own interests. Plaintiff denies defendant's claim of incompetence. You will address these issues in question [__] on your verdict.