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Joanne Viegas is a 75-year-old widow who survives on her husband's small pension. Ms. Viegas resides in Kenmore, Washington, and has become increasingly forgetful over
- Joanne Viegas is a 75-year-old widow who survives on her husband's small pension. Ms. Viegas resides in Kenmore, Washington, and has become increasingly forgetful over the past two years since her husband passed away. Her family believes Ms. Viegas may have Alzheimer's disease (a brain disorder that significantly affects a person's ability to carry out daily activities). No physician has diagnosed Ms. Viegas with Alzheimer's disease yet, nor has any court ruled on her legal competency. One day, while Ms. Viegas was out grocery shopping, she stopped by Beethoven's Pianos, which was having their annual sale on pianos. Even though Ms. Viegas had not played the piano in 27 years, the salesperson convinced her to enter into a 10-year installment contract to purchase a brand new Story & Clark baby grand piano for $35,000. This represented a large chunk of Ms. Viegas's savings account. When the piano arrived at Ms. Viegas's home the following, she appeared confused and repeatedly asked the delivery person why a piano was being delivered to her home. She claimed that she did not recall ever purchasing the piano. May Ms. Viegas legally avoid her contractual obligation to Beethoven's Pianos? Why or why not? If so, under what legal theory may she do so? Define and apply any specific legal tests that a court would apply to make this determination. Explain your answer by applying the legal rules from this chapter.
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