Fact pattern for Q# 34 . John, the car dealer from questions 32 and 33, greets Mary at the front door of the dealership. Mary, is a gray haired pretty woman and is well dressed. Mary tells John she wants to buy a brand new car, not a used car like Tom did above. Mary explains that she hasnt gotten a new car in a long time and wants all the new technologies, multiple sound speakers, Wifi, and call functions. She also wants to speak to Harold, a martian that has been having trouble contacting her and she thinks a pod on the roof would solve the issue. The car also has to be lime green John listens politely and says he will look at his inventory. John walks away and shares this with the other salesmen, laughing it up saying I am desperate for a sale and will do it anyway I can!!

He comes back to Mary and says that he has a light green mini Cooper and can even draw circles on the roof of the car if Harold wants to land on the roof. Mary is delighted and sits down to fill out the forms off of her drivers license, signs the contract which requires a $6000 down payment and 39 month financing plan while service guys paint black circles on the roof of Marys new car. John signs for the dealership.

Six months later, Marys son drives up in Marys car followed by Marys daughter in her car. They walk into the dealer to return the car and ask for the down payment Mary had met and to have Mary fully released from the contract with the dealer as Mary is an incapacitated adult.

34. What kind of contract did Mary have with John and the dealership?

1. The contract is void because it is illegal for the dealer to draw circles on the car.
2. Mary can be released from the contract as it was voidable at Marys option and John was aware that Mary had problems or should known that she had problems that may signal Marys incapacitated nature.
3. It is a valid contract and Mary is liable for the contract.
4. None of the above.