Jane, a 45-year-old who had suffered brain injury as a result of an an

QUESTION

Jane, a 45-year-old who had suffered brain injury as a result of an aneurysm, was walking by a hot tub dealership when the salesperson invited her in to look at his newest model spa.

When the salesperson told Jane she could own the tub, Jane was very excited. She agreed to the payment plan and signed the contract. When the delivery men showed up at Jane’s parents’ house, where Jane lived, to install the hot tub, Jane’s parents refused the delivery, and the hot tub showroom took the family to court. This case would be argued under what condition of contract law?
A) agreement
B) consent
C) consideration
D) proper form
E) capacity

ANSWER

Answer: E
Explanation: E) Jane, with her brain injury, would likely not have been capable of negotiating and entering into an agreement. Under the capacity condition, both parties must be competent—of legal age and of sound mind—for a contract to be legally enforceable.