Question
Michael is a young man with a long psychiatric history. One day he decided to apply for a credit card from his local bank. He
Michael is a young man with a long psychiatric history. One day he decided to apply for a credit card from his local bank. He filled out the forms, submitted them to the bank and soon after received a credit card. Not fully understanding the consequences of using the card for purchases, he quickly racked up thousands of dollars of debt. After numerous missed payments, the bank brought an action in court to sue Michael for the balance owing. Michael's lawyer argued that the contract was voidable because of mental incompetence. He submitted medical evidence to show that Michael was incompetent at the time he entered into the credit card contract.
Will Michael be able to avoid the credit card contract with the Bank ? Yes or No. Explain and support your answer identifying the issue, the applicable law/legal test, applying the law/legal test to the facts, and coming to a logical conclusion.
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