G.A.S. was not independently represented by counsel when he executed this agreement. Can G.A.S. disaffirm the separation agreement? Explain.
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G.A.S. married his wife, S.I.S., on January 19, 2006. He began to suffer mental health problems in 2012, during which year he was hospitalized at the Delaware State Hospital for eight weeks. Similar illnesses occurred in 2014 and the early part of 2016, with G.A.S. suffering from such symptoms as paranoia and loss of a sense of reality. In early 2017, G.A.S. was still committed to the Delaware State Hospital, attending a regular job during the day and returning to the hospital at night. During this time, he entered into a separation agreement prepared by his wife’s attorney. G.A.S., however, never spoke with the attorney about the contents of the agreement, nor did he read it prior to signing. Moreover, G.A.S. was not independently represented by counsel when he executed this agreement. Can G.A.S. disaffirm the separation agreement? Explain. |
Explanation
Evidences to support the answers:
One of the basic principles to enter into a contract is the capacity of the person or people. A person, who is not sound of mind cannot enter into contract and if such a person does enter into a contract, the contract is considered void. Individual G has the privilege to declare the agreement as repudiated. Though Individual G was treated in Hospital D during various time intervals, Individual G was not officially certified as a mentally-ill person. So, the contract is considered voidable. Individual G has also not been provided with counsel, which shows there is lack of fairness.
There is no official certificate that Individual G is mentally incapacitated. Individual G performs their job and daily activities in sound state of mind. So, Individual G cannot be declared mentally incompetent. The agreement cannot be repudiated.
Sample Response
The probable solutions for this question are as follows:
Contract can be repudiated.
Contract cannot be repudiated.
