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Friday, December 27, 2013

Memo

Our client Charles food turner, owner of Handyman, Inc. has come to our law securely inquire us analyze the deoxidize he entered into with Sarah Connor is valid. zero(prenominal) A valid constringe does non exist among Ms. Connor and Mr. Turner because all four elements of a valid agreement argon not present. The offer and acceptance atomic design 18 there, but the condition whitethorn be a factor. At most, this falls under adequacy of consideration which walking ons “in extreme cases, a court whitethorn understand that a party overleaps legal capacity or that the deoxidise was unreasonable.” Contractual capacity is the main factor. Mr. Turner knew, or should pull through known, that Ms. Connor did not have the cordial capacity to cultivate a contract. He saw all the brochures lyingabout and he until now 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 th ey were unable to pull in the transaction out-of-pocket to minor capacity. Diminished capacity it the lack of mental shakyity.
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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 jolly 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 defe cts in this contract by stating that the con! tract had al memorialisey been validated by Sally Connor’s daughter Rebecca. He also could state that he did not read into the brochures or that he read the medication bottles before natural endowment them to Ms. Connor.If you want to get a full essay, order it on our website: OrderCustomPaper.com

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