question archive Washington, an insane person of limited means, entered into a contract with Lincoln for the purchase of an antique axe and a cherry tree for $100

Washington, an insane person of limited means, entered into a contract with Lincoln for the purchase of an antique axe and a cherry tree for $100

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Washington, an insane person of limited means, entered into a contract with Lincoln for the purchase of an antique axe and a cherry tree for $100. The price paid for both of these items was fair and reasonable and, at the time the agreement was made, Washington seemed to be a normal person. Subsequently, Washington refused to take delivery of either the axe or the cherry tree, or to pay for them.

 

You are required to answer the following:

(a)   Can a mentally unsound person enter into a contract? Explain your answer (3 marks)

(b)  Was there a valid contract between Washington and Lincoln for the purchase and sale of the antique axe and cherry tree for $100? Explain your answer (7 marks)

(Please answer this question on the basis of principles and rules learned in class regarding the capacity of parties to enter into a contract)

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