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Mentally Incompetent question?
If a car retailer sells a very expensive car to someone, at the time of the sale, the retailer thought the person was acting in a peculiar manner, but the retailer didn't give the matter no further thought until 4 months later, when the court appointed guardian appeared at the office and returned the car back and demanded the money back. The guardian told the retailer that the person has be adjudicated mentally incompetent 2 months earlier by a proper court.
Now my question is: What are the rights of the parties in this scenario? and if the person has been adjudicated mentally incompetent before the contract was formed, what would be the legal effect of the contract?
Im not from America and i am doing a project on this and would appreciate some help, Thanks
1 Answer
- 1 decade agoFavorite Answer
Well, this is a very interesting scenario.
First off, the rights of the mentally incompetent individual:
They do have basic civil liberties, and natural rights.
However this person may not be able to do things that are deemed innapropriate for a mentally unstable person.
ie) Own a gun, drive a car (let alone buy one), make medical decisions, etc.
However, the rights of the car salesman are compltely unaffected, and he has full rights as an adult, mentally capable citizen.
If your question is concerning what the outcome of this situation may be, well, they may very well end up in court. However, I highly doubt that the car dealership would be required to give their money back on the grounds of who purchased it. If the court had ruled this person mentally incompetent BEFORE the purchase of the car, whenever this person was decided to be mentally ill, the contract would be turned over to their legal gaurdian, who I suppose could do whatever he wanted with it. Such as sell it, or continue to make payments on it. I assume he would have temporary ownership..
Basically, a mentally incompetent person in the United States has natural rights as a human, but very limited and restricted rights as a citizen.
hope this helps!
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