David had a history of frequent admission to various types of mental institutions. David was not considered dangerous and, in fact, would have long intervals of lucidity between recurring mental problems. During a lucid interval, David entered into a contract to purchase a new Mustang convertible. Later, David wanted to avoid the contract on the grounds of incompetence.
Can he do so?
2006-06-25 06:00:09 · 8 answers · asked by Nice girl 3 in Politics & Government ➔ Law & Ethics
In short, no. It's true that a contract entered into when one of the parties lacks capacity to do so isn't legally binding. So, someone under 18 lacks the capacity to enter into a contract. However, if he was over 18 and lucid, like you say, the contract is binding. It is too much to expect that people do full medical background checks in order to enter into a contract with an otherwise lucid individual. Plus, it would probably be illegal, anyway, to refrain from entering into a contract with someone unless they give you permission to see their medical history!
2006-06-25 06:22:31 · answer #1 · answered by A Guy 3 · 6⤊ 0⤋
If you want a real answer, consult a real lawyer from your state. The requirements regarding an individual's mental capacity to enter into a contract will vary by state. In California, the most important important factor is mental capacity at the time the person entered into the contract. If someone is "lucid" and later becomes mentally competent, that is not sufficient legal excuse to avoid the contract. The laws of your state may be different.
2006-06-25 07:01:07 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Negative. If he was lucid when he signed the contract it is binding. Just because you have a recurrence or change of heart afterwards, is no grounds for dismissal of that binding agreement
2006-06-25 06:07:16 · answer #3 · answered by djslinky77 2 · 0⤊ 0⤋
I WOULD THINK THAT IF HE WAS LESS THAN 18 MENTALLY, THE LEGAL AGE IN MOST STATES TO SIGN A CONTRACT, THEN THE CARRIER OF THE CONTRACT WOULD HAVE A HARD TIME ENFORCING IT. OF COURSE HE CAN NOT KEEP THE CAR WITHOUT MAKING PAYMENTS, AND IT WILL GO AGAINST HIS CREDIT RECORD WITH A REPOSESSION. MAKE IT BETTER AND VOLUNTARILY TURN IT BACK.
2006-06-25 06:07:00 · answer #4 · answered by BOOMBOOMBILLY 4 · 0⤊ 0⤋
No. Part of his learning experence in life is that he needs to accept responsibility for his actions. I'm sure in the legal arena, he could find some sympathetic ear, if he's got the money.
2006-06-25 06:09:30 · answer #5 · answered by scottyxlr8r 2 · 0⤊ 0⤋
consult a g. lawyer
2006-06-25 06:07:21 · answer #6 · answered by ashok k 2 · 0⤊ 0⤋
well i've been drunk and done things and still been responsible for what i'd done. i think he should too.
2006-06-25 06:06:00 · answer #7 · answered by Pretty Princess 2 · 0⤊ 0⤋
no
2006-06-25 06:04:33 · answer #8 · answered by darkling1k 3 · 0⤊ 0⤋