One Afternoon While Mr

question 87

Multiple Choice

One afternoon while Mr. Reston was going home on the bus, his neighbour, Mr. Outovit, offered to sell Reston his car for $4000, a bit below the market value. Reston said, "You might change your mind on that. Better not be too hasty with your offers." Outovit answered, "I want to sell it quickly," and wrote on the back of an envelope, "I hereby offer my neighbour, Reston, my 2011 Chevrolet for $4000 cash." He signed his name. Reston wrote, "I accept." The next day, Reston went to his neighbour's house to pay the money and get the car. He learned that Outovit was in hospital, unconscious from a reaction to medicines given to him the day before. If Outovit (or his legal representative) refuses to honour the contract on the basis of mental incapacity, which of the following is true?

• A) If Reston can show the written contract, Outovit has no argument and will be bound to honour the contract.
• B) Outovit need only prove that he didn't understand the nature and quality of his act to void the contract.
• C) Outovit won't be bound by the contract because there hadn't yet been the payment for, or delivery of, the car.
• D) If it is established that Reston didn't know Outovit was incapacitated at the time of contract and that the deal was fair, Outovit will be bound by the contract even if he didn't understand the nature and quality of his act.
• E) To get out of a contract on the basis of insanity you have to be institutionalized.

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Definitions:

Good Woman Assumption

The presumption that a woman is inherently good, often used in societal contexts to justify leniency or special treatment based on gender stereotypes.

Marriageable Women

Women who are of suitable age and social standing to be considered eligible for marriage.

Civil Rights Oppressors

Individuals or institutions that actively deny or inhibit the civil rights of others, typically through discriminatory practices or policies.

NYPD

Acronym for the New York Police Department, one of the largest and most well-known municipal police forces in the United States.