In law of contracts what is the position/ vality of contract by convicts?

Question

convicts are included in persons disqualified from contracting

Answer 1

Generally convicts have the same powers to contract as everyone on else. In some cases, the court will appoint a trustee to provect the convicts interest. Section 306.5 of the Modern Penal Code covers this, and while not used everywhere, it still states the general law. Of course, you would need to check the statues in your state, but the general law is that they have capacity.

The idea that they lack Artical III standing doesn't make sense, since this is goverened by state, not federal law.

As to personal juristicion, there would be little doubt of the convicts presence in a state when they are in prison.

Historically, felons were considered "dead" and as such could not contract. In those time, a married woman couldn't enter into contracts either. A lot has changed since then.

Answer 2

I must say, in four years of law school I dont recall a case dealing with this concept. I would imagine that if there is some sort of disqualification it would tem from the fact that a convict in
most cases lacks standing to sue under Article III, so if the other party to such an agreement were to breach, the inmate would have little recourse. And, by the same token, inmates generally have very limited needs, and also limited funds. So, if an inmate was to breach a contract to buy furniture, what is the seller to do?
I mean, they do have remedies under Article II of the UCC.
In summary, I believe that the persons classed as not having capacity to contract are those who are drunk or under the influence of drugs, as well as those