Critical Legal Thinking Case

CHAPTER 4

4.5 Intoxication Betty Galloway, an alcoholic, signed a settlement agreement upon her divorce from her husband, Henry Galloway. Henry, in Betty's absence in court, stated that she had lucid intervals from her alcoholism, had been sober for two months, and was lucid when she signed the settlement agreement. Betty moved to vacate the settlement agreement after she had retained present legal counsel. Four months later, Betty was declared incompetent to handle her person and her affairs, and a guardian and conservator was appointed. Betty, through her guardian, sued to have the settlement agreement voided. Who wins? Galloway v. Galloway, 281 N.W.2d 804 (N.D. 1979).

REFERENCES

Schlageter III, John J.; Cheeseman, Henry R.; Reed, Kathleen. Contract Law for Paralegals (p. 111). Pearson Education. Kindle Edition.