Lucrezia is diagnosed with chronic, severe schizoaffective psychosis. Experiencing hallucinations, she is hospitalized in a psychiatric ward
Question:
Lucrezia is diagnosed with chronic, severe schizoaffective psychosis. Experiencing hallucinations, she is hospitalized in a psychiatric ward and placed on medication. On a furlough a month later, she signs an agreement at the insistence of her spouse, Cesare.
The agreement states that Cesare has exclusive rights to all of their finances and property, and Lucrezia has the sole duty to pay all of their debts. Cesare files for divorce.
Can Lucrezia avoid this agreement? Yes. When a mentally incompetent person not previously so adjudged by a court enters into a contract, the contract is ______________ if that person lacks the capacity to comprehend its subject matter, nature, and consequences at the time of the ______________. At the time of this agreement, Lucrezia had been diagnosed with schizoaffective psychosis. She was experiencing hallucinations, and she was on medication. Based on these facts, she lacked the mental capacity to manage her own affairs and to make decisions in her own best interest.
Step by Step Answer:
Business Law Text And Exercises
ISBN: 9780357717417
10th Edition
Authors: Roger LeRoy Miller, William E. Hollowell