End-of-chapter questions: Answer Guidance 21.1

Capacity

This is a broad question, and the best answers will engage with the words used in the question itself. You should therefore identify and consider elements which might be thought to be ‘confusing’ and ‘unsatisfactory’. You should also discuss possibility of reform. The focus of your answer will probably be on minors, and some of the old cases that are difficult to reconcile, but discussion of mental incapacity and the recent legislation would also help to provide a full answer.

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