Capacity[1] and Protection against a Bad Bargain (15 marks total)

In some jurisdictions, in several U.S. states, marijuana can be legally prescribed as an analgesic (pain reliever) to reduce the pain of certain serious illnesses.Suppose that Mr. Mindblown, 88, is currently undergoing a course of such treatment and signs a document pledging to leave all his worldly possessions to a gorgeous blonde itinerant vacuum clearer saleslady, 24, whom he falls in love with with with after she visits him several times.

[1] Does Mr. Mindblown have capacity to contract? Answer only YES or NO [1mark] (C2) Provide no text!

[2] What legal factors determine the answer to that question?

[a] Factor#1: __________________ (one word) * 2 marks [A1/C1]

[b] Factor#2: __________________ (one word) * 2 marks [A1/C1]

*Terms must be drawn from capacity theories.

[2] Does an exception to the Rule of "No Protection Against a Bad Bargain Apply?" Answer only YES or NO

[a] if YES, what is the basis of the exception: _____________________ if NO, leave blank

[3] How might the heirs of Mr. Mindblown have preemptively dealt with this problem before Mr. Mindblown's encounter with the model?

[1] Listen to the Audio Recording on Capacity