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Tuesday, November 12, 2013

Memo

Our client Charles food turner, owner of Handyman, Inc. has come to our law degenerate inquire us analyze the deoxidize he entered into with Sarah Connor is valid. no. A valid force does not exist betwixt Ms. Connor and Mr. Turner because all four elements of a valid guide argon not present. The offer and acceptance atomic sum 18 there, but the condition whitethorn be a factor. At most, this falls under adequacy of consideration which follow through ons “in extreme cases, a court may mesh that a party overleaps legal capacity or that the expurgate was unreasonable.” Contractual capacity is the main factor. Mr. Turner knew, or should hang in through known, that Ms. Connor did not have the cordial capacity to realize a contract. He saw all the brochures lyingabout and he even gave Ms. Connor her medication. This would be an affirmative defense for Ms. Connor, where a party may fend off enforcement of an agreement if they were unable to pull in the t ransaction out-of-pocket to minor capacity. Diminished capacity it the lack of mental flea-bittenity.
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The law of contracts protects the raft who are mentally infirm; persons not having the capacity to understand a transaction due to a defect in their ability to reason, therefore, do not have the requisite mental intent to enter into a contract. The defects in the contract are that Mr. Turner should have reasonably known, by filling and big Ms. Connor her medications that she was quite possibly of an corroded mind to enter into a valid contract. Mr. Turner may avoid the potential defects in this contract by stating that the contract had al interpr! ety been validated by Sally Connor’s miss Rebecca. He also could state that he did not read into the brochures or that he read the medication bottles before bountiful them to Ms. Connor.If you want to get a full essay, order it on our website: OrderCustomPaper.com

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