In Texas, who must give valid consent for a contract to be enforceable?

For a contract to be enforceable in Texas, valid consent must be given by a person with legal capacity. Legal capacity generally refers to an individual's ability to understand the nature and consequences of entering into a contract, which typically includes being of majority age, sound mind, and not being disqualified by law from entering into a contract.

This ensures that both parties involved in the contract are able to fully comprehend their rights and obligations, thereby protecting the integrity of the agreement. Without legal capacity, a contract may be deemed void or voidable, leading to potential disputes and enforcement issues.

The option mentioning anyone over the age of 18 is misleading because, while individuals aged 18 and older are generally considered adults, there are exceptions where certain adults may lack capacity due to mental impairment or other legal restrictions. The focus must be on the actual legal capacity to consent rather than just age. A representative of the company can bind the company to a contract, but they must also have the authority to act on behalf of the business. Lastly, a third-party witness is not required for a contract to be valid in Texas; their involvement does not contribute to the necessary elements of consent for enforceability.