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Capacity - Case Problem

Page history last edited by abogado 16 years, 6 months ago

#8 Chp. 13 - Capacity Case Problem

 

Joanne is a seventy-five year old widow who survives on her husband's small pension. Joanne has become increasingly forgetful, and her family worries that she may have Alzheimer's disease ( a brain disorder that seriously affects a person's ability to carry out daily activities.) No physician has diagnosed her, howerver, and no court has ruled on Joanne's legal competence. One day while she was out shopping, Joanne stops by a store that is having a sale on piianos and enters into a fifteen-year installment contract to buy a grand piano. When the piano arrives the next day, Joanne seems confused, and repeatedly asks the delivery person why a piano is being deliversd. Joanne claime that she does not recall buying a piano.

 

 

!. Explain whether the contract is void, voidable, or valid.

2. Can Joanne avoid her contactual obligation to buy the piano

3. If so, how and state where in the book you found the answer (page and column)

4. What is the best defense for the piano store to enforce the contract?

 

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