Question
Betsy White is 87-years old and lived in a skilled nursing facility in San Mateo County.She still owned her home in Millbrae, which she had
Betsy White is 87-years old and lived in a skilled nursing facility in San Mateo County.She still owned her home in Millbrae, which she had owned for fifty (50) years. Recently Betty decided to sell her home in Millbrae to the male tenant renting her home, Donald Ellis, for one dollar. Betsy died about two months later. Donald then immediately sold Betsy's Millbrae home for close to $2 million to a couple, both worked at Google.
However, Betsy White's heirs (her two nieces) sued Donald Ellis. Betsy's nieces claimed that Betsy White was mentally incompetent to enter into a contract to sell her home to Donald Ellis because Betsy had Alzheimer's disease. Betsy's nieces argued that Betsy's Millbrae home should be returned to Betsy's estate since Betsy did not have the mental capacity to enter into a contract with Donald Ellis.
Donald Ellis and the couple who bought Betsy's home both claim that Betsy was mentally competent when she sold the home to Donald Ellis for $1.
Use what you learned from your textbook regarding mental capacity to enter into a contract to respond to the discussion question.
Here are the questions to answer:
- If you wererepresenting Betsy's nieces, what additional items of evidence would support their contention that BetsyDID NOT HAVE THE MENTAL CAPACITYto form a contractwith Donald Ellis?You must use legal rules and identify specific items of evidence and explain why each of these items would be helpful.
- If you wererepresenting Donald Ellis and the couple who bought Betsy's house, what additional evidence would support their contention that BetsyHAD THE MENTALCAPACITY to form a contractwith Donald Ellis? You must use legal rules and identify specific items of evidence and explain why each of these items would be helpful.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started