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.
Was there a valid contract between Washington and Lincoln for the purchase and sale of the antique axe and cherry tree for $100?
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The contract between Washington and Lincoln is void.
In a contract there are three basic elements which are offer, acceptance and consideration.
These are present in this contract.
However, the parties must be capable of contracting. A contract with an insane person is void because an insane person is not considered capable of entering into a contract. Even if the person seemed sane at that time, the contract will still be void because in effect Washington is insane.
