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Unformatted text preview: ion of a binding agreement, but
the consequences of different forms of incapacity vary. The contracts of a person are void if
under guardianship of a court.
lacks the capacity to understand but has not been declared incompetent by a court.
189. Courts treat contracts of incompetents and intoxicated persons essentially the same, except they
are stricter with intoxicated persons because of its voluntary nature.
190. D owes C an undisputed debt of $1,000. D writes a check to C for $700, and writes, “paid in
full” on the check. C cashes the check.
The entire obligation is paid because this was an accord and satisfaction. b.
d. The creditor can still collect the $300 because there was no consideration given by the debtor for
C’s promise to accept the amount as paid in full.
The remaining $300 is still due because paying a smaller sum than the amount claimed can
never discharge a larger amount, even if there is a dispute.
None of these answers is correct. 191. Dad promises to pay Junior $100...
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This test prep was uploaded on 03/29/2014 for the course BUL 3130 taught by Professor Schupp during the Fall '12 term at UNF.
- Fall '12
- The Lottery