Question about intoxicated persons on contract?

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bbwinston
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Joined: Sat Dec 10, 2011 7:59 pm

Question about intoxicated persons on contract?

Postby bbwinston » Sat Dec 10, 2011 9:13 pm

Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty’s absence in court, stated that she had lucid intervals from her alcoholism, had been sober for two months, and was lucid when she signed the settlement agreement on September 22, 1978. Betty moved only to vacate the settlement agreement on September 27, 1978, and after she had retained present legal counsel. On January 23, 1979, Betty was declared incompetent to handle her personal and her affairs, and a guardian and conservator was appointed. Betty, through her guardian sued to have settlement agreement voided. Who wins?
Last edited by bbwinston on Sun Dec 11, 2011 1:23 am, edited 1 time in total.

lawnerd1
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Re: Question about intoxicated persons on contract?

Postby lawnerd1 » Sat Dec 10, 2011 9:20 pm

Are you posting a take home contracts exam?

bbwinston
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Re: Question about intoxicated persons on contract?

Postby bbwinston » Sat Dec 10, 2011 9:23 pm

lawnerd1 wrote:Are you posting a take home contracts exam?


No, this is just a simple question from my textbook

NonTradHealthLaw
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Re: Question about intoxicated persons on contract?

Postby NonTradHealthLaw » Sat Dec 10, 2011 9:33 pm

281 N.W.2d 804

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Ty Webb
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Re: Question about intoxicated persons on contract?

Postby Ty Webb » Sat Dec 10, 2011 11:44 pm

Too much explanation of the rule, not enough analysis.

Argue both sides more vehemently.

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ahduth
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Re: Question about intoxicated persons on contract?

Postby ahduth » Sun Dec 11, 2011 12:03 am

Ty Webb wrote:Too much explanation of the rule, not enough analysis.

Argue both sides more vehemently.


Yeah, I don't want a win or a loss, I want a crystallization of the situation that allows us to pinpoint where the law should sit. Unless I'm missing something, a decision one way or the other is lacking significant facts and would therefore require a jury?




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