Question
Mr. W. was a pedestrian when he was struck and seriously injured by the Defendant. The drivers insurance company was State Farm Insurance, and for
Mr. W. was a pedestrian when he was struck and seriously injured by the Defendant. The drivers insurance company was State Farm Insurance, and for payments of $2400 and $5300 Mr. W. signed a complete release of all claims. Later, he claimed he did not even read the documents. Some time later, while still in pain and having difficulty working, he approached State Farm for further benefits but was refused. State Farm took the position that the releases he had signed were final and the matter was ended. Mr. W. testified that he had been consuming significant amounts of alcohol on a regular basis since the accident to mask the pain, and that on the date when he signed the releases he was, according to a witness, visually intoxicated. Also, he had been chewing gum to disguise the smell of liquor on his breath when he signed the release.
1) Why will Mr. W argue the contract should not be enforced? 2) Why will State Farm Insurance argue the contract should be enforced? 3) In your opinion, is this contract legally enforceable? Why or why not?
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