Paul, an artist, frequently paints on the terrace beside his house. One day, whi
ID: 3453734 • Letter: P
Question
Paul, an artist, frequently paints on the terrace beside his house. One day, while painting a scene inspired by the Sound, his neighbor Flaky Fran is out for her walk. She speaks to Paul and asks to see his painting. He agrees and she loves the painting. She offers to buy the painting from Paul and they agree upon a price. Paul tells Fran that the painting should be finished in two days.
After two days pass, Paul delivers the painting to Flaky Fran and leaves it with her daughter with whom Fran lives. DeeDee Daughter explains to Paul that Flaky Fran is away at a doctor’s appointment. She further explains that Fran, who has always been “flaky”, was recently diagnosed with a small brain tumor. The tumor, she explains, impairs Fran’s thought processes. DeeDee further shares with Paul that DeeDee has consulted with an attorney regarding assuming control of Fran’s affairs. A petition to appoint DeeDee as Fran’s guardian due to the impact of the tumor has been filed with the Court. The hearing on that petition is scheduled for December 22, 2014.
If Fran refuses to pay for the piece of art or to return it to Paul, wouldPaul likely be able to prevail in a lawsuit against Fran? Why or why not?
Explanation / Answer
Paul filing a law suit against Fran depends on the doctor’s result whether the tumour affects the mental state of Fran. Although, there is an evidence who is Fran’s daughter, when she receives the custody of Fran because of her mental instability, she would refuse to pay on that ground. The court might point out the capacity Mrs. Fran to contract with Paul and it might even turn against Paul stating that he persuaded her to buy it.