ContractsIntermediateAlaska Exam

In Alaska, a lease that is entered into by a tenant who is later declared legally incompetent is:

AAutomatically void
BVoidable by the incompetent person's legal guardianCorrect
CBinding and cannot be cancelled
DValid only for 30 days after the declaration of incompetency

Why Voidable by the incompetent person's legal guardian Is Correct

Answer B: Voidable by the incompetent person's legal guardian

Contracts entered into by persons who are later declared legally incompetent are typically voidable — the incompetent person's guardian or conservator may have the ability to rescind the contract. Whether the contract can be voided depends on the nature and timing of the incompetency.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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