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only in extreme circumstances is one's power regarded as impaired because of an inability to participate meaningfully in the bargaining process.one whose power is so impaired is said to lack capacity to contract and is subject to special rules that allow him to avoid the contracts that he makes in order to protect him from his own improvident acts.two principal kinds of defect are today recognized as impairing the power to contract: immaturity and mental infirmity.In the past, the common law regarded a woman's marriage as dismissing her of her separate legal identity, including the capacity to contract, during the life of her husband.
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