Mentally incompetent persons on contract

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bbwinston
Posts: 11
Joined: Sat Dec 10, 2011 7:59 pm

Mentally incompetent persons on contract

Postby bbwinston » Sun Dec 11, 2011 1:22 am

Manzelle Johnson, who had been adjudicated insane, executed a quitclaim and warranty deed conveying real estate she owned to her guardian, Obbie Neal. Neal subsequently conveyed the real estate to James R. Beavers by warranty deed. Charles L. Weatherly, Miss Johnson’s present guardian, brought this action seeking a decree of the court that title to the real estate be restored to Miss Johnson because of her inability to contract. Should Miss Johnson be allowed to void the contract?

bdubs
Posts: 3729
Joined: Sat Feb 06, 2010 2:23 pm

Re: Mentally incompetent persons on contract

Postby bdubs » Sun Dec 11, 2011 1:28 am

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Last edited by bdubs on Sun Dec 11, 2011 1:51 am, edited 1 time in total.

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jessuf
Posts: 12580
Joined: Tue Mar 22, 2011 8:27 pm

Re: Mentally incompetent persons on contract

Postby jessuf » Sun Dec 11, 2011 1:34 am

Mentally ill/disabled people lack the cognitive capacity to contract. If the other party knows or has reason to know of a disability, the disabled person can get out of the contract. However, some courts hold if the disabled person looks or acts as if they have capacity, it’s reasonable for the other party to rely on appearance, and thus the contract can be enforceable.




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