Question

while mentally incompetent, ashley purchases a new computer and writes a bestselling novel in one week. she is so happy that in a lucid moment, ashely calls the store and tells them she loves her new computer and though she was incompetent when she bought it, has decided to keep it. a week later, ashley returned the computer to the store and asked for a refund in exchange for returning the computer, saying she was incompetent at the time she made the contract to purchase the computer and therefore has the right to disaffirm. ashley will be able to receive her refund in exchange for the computer. True or False?

Answer 1

False. A mentally incompetent writing a bestselling novel only goes to prove that she certainly has momentary consciousness. In that momentary consciousness, she acknowledged her purchase of the computer from the store and wished to keep it. Once she has already put the same to use, she cannot deny keeping the same and return it back to the store on the grounds of mental incompetency because when was competent in the interim, she did not express about the ‘return’. Moreover, after putting the Computer in use, she does not actually stand a chance to exercise the right to disaffirm. Had the computer been returned immediately when she regained her senses, the matter would have been positive and the refund claim could have be genuine. But this case is somewhat different and the intention of Ashley does not even appear to be genuine.