2006-06-29 14:09:40 · 4 answers · asked by toybreaker 3 in Politics & Government ➔ Law & Ethics
While the immediately preceding person has the law correctly stated, I am responding to actually answer your question.
A person with schizophrenia, as long as they have not be judged by a court of competent jurisdiction to be incapacitated, CAN sign (and is thus bound by) a contract for just about anything.
If, however, that person has had a guardian or other person appointed to them by a court because they have been judged to no longer be able to make decisions regarding their own health or welfare, it is arguable that this individual no longer has the capacity to be bound by contracts that they sign. The court-appointed individual, however, may be able to sign contracts for the benefit of the schizophrenic person (which could then bind the disabled individual in some manner).
A tutor, however, does not appear (based solely on the limited information you've provided) to have the authority to act in a legal capacity on behalf of the schizophrenic individual.
2006-06-30 10:39:49 · answer #1 · answered by negotiator 2 · 2⤊ 2⤋
If the person who has schizophrenia is over the age of 18 and does not have a legal guardian then yes, they may sign a legally binding contract.
2006-06-29 21:16:40 · answer #2 · answered by nlmcp 3 · 0⤊ 0⤋
The requirements of law regarding contract signatories is:
"Competent, Adult (Sui Juris) Parties: Both parties must have the capacity to understand the terms of the contract they are entering into, and the consequences of the promises they make. For example, animals, minor children, and mentally disabled individuals do not have the capacity to form a contract, and any contracts with them will be considered void or voidable. Although corporations are technically legal fictions, they are considered persons under the law, and thus fit to engage in contracts.
For adults, most jurisdictions have statutes declaring that the capacity of parties to a contract is presumed, so that one resisting enforcement of a contract on grounds that a party lacked the capacity to be bound bears the burden of persuasion on the issue of capacity. "
2006-06-29 22:36:53 · answer #3 · answered by Geminess 2 · 0⤊ 1⤋
ANYONE may SIGN a contract.
The real question is if the contract going to be enforceable in a court of law,
This question depends on just how skitzo is he.
If he understands what the contacts means then it is enforceable.
2006-06-29 21:15:53 · answer #4 · answered by hq3 6 · 0⤊ 1⤋