Question

Alberto Corelli offers to pay $2,500 to purchase a painting titled Moonrise from Tara Shelley, an artist whose works have been causing a stir in the art world. Shelley accepts Corelli’s offer. Assuming that the contract has met all of the requirements for a valid contract, answer the following question.

Capacity. Both parties are adults, and the contract, which is in writing, states that Corelli will pay Shelley the $2,500 the following day. In the meantime, Shelley allows Corelli to take the painting home with him. The next day, Corelli’s son returns the painting to Shelley, stating that he is canceling the contract. He explains that his father has been behaving strangely lately, that he seems to be mentally incompetent at times, and that he clearly was not acting rationally when he bought the painting, which he could not afford. Is the contract enforceable? Discuss fully. (Legal arguments only)

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Answer 1

Mental capacity or competence is an essential factor in a contract. Person who is not mentally competent can not enter into a contract and if he does the contract is voidable on the basis that he does not have the capacity to understand the nature and obligations to a contract.

If it can be proved that Alberto is not mentally fit ,the contract becomes voidable which means that Corelli can return the painting and both the parties will be back to their full and the contract will be dissolved. [Contract law ~ essentials of a contract]

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