No. A valid contract does not exist between Ms. Connor and Mr. Turner because all four elements of a valid contract argon not present. The offer and acceptance atomic number 18 there, but the condition may be a factor. At most, this falls under adequacy of consideration which pass ons “in extreme cases, a court may control that a party lacks legal capacity or that the contract was unreasonable.” Contractual capacity is the main factor. Mr. Turner knew, or should run through known, that Ms. Connor did not have the cordial capacity to form 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 transaction due to minor capacity. Diminished capacity it the lack of mental infirmity.
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 unsound mind to enter into a valid contract.
Mr. Turner may avoid the potential defects in this contract by stating that the contract had already 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 giving them to Ms. Connor.If you want to get a full essay, order it on our website: Ordercustompaper.com
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