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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 23542
Experience:  14 years practicing attorney, MBA
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if I am mentally disabled can I be held liable to a verbal

Customer Question

if I am mentally disabled can I be held liable to a verbal contract where I thought I was doing something good but because I was in a manic phase I should not have agreed to what they wanted me to because I didn't understand how it would affect me later
Submitted: 4 years ago.
Category: Business Law
Expert:  Barrister replied 4 years ago.

Hello,

 

Have you been declared legally incompetent and had a guardian appointed?

 

Where and when did you enter into the cotract?

 

Thanks

Matt

 

 

Customer: replied 4 years ago.
not incompetent, mentally disabled and on social security disability since 1994. the contract was on 3/4/10
Expert:  Barrister replied 4 years ago.

Please don't shoot the messenger, but unless you have been declared legally incompetent by a court and have had a guardian appointed, you can enter into binding contracts with other parties. Having a mental disability does not give someone an out to void a contract, only legal incompetence does.

 

What is the contract for?

 

Have you paid them anything?

 

Are you supposed to pay them more?

 

Do you have any assets?

 

If you simply breached the contract, do they have bank account numbers, credit card numbers, etc. that they could draft for payments?

 

Do you have any other income?

 

Thanks.

Matt

 

 

Customer: replied 4 years ago.

the contract was a way to make money online

when I am manic sometimes things happen and I do things I shouldn't but then when I came down off my manic and tried to do what they wanted, I couldn't

this was a verbal contract and I believed I was making it with a company but when all was said and done the contract had been made with a different company

no one explained this to me then a recording came on and then someone else to ask if I agreed. I was confused

I spent 2005.00 as an investment into a company I thought I could handle at the time

no I do not have to pay them more and I did it through paypal I think

Expert:  Barrister replied 4 years ago.

I understand completely, I have a family member who used to go through the manic and depressive phases.

 

The other person who came on the phone was an independent verification service that is hired to ensure that the person buying the product understands and if authorizing the purchase.

 

I hate to say it, but you are stuck for the $2005 because in any suit for the return of the money under a mistake theory, the independent verification company would testify that you agreed to the purchase and present the recorded statement as evidence.

 

I know this is not what you had hoped to hear.

 

Matt

 

 

Customer: replied 4 years ago.

the 2005.00 has already been paid and it was for mentoring from them and they have not done that for me yet. I haven't breeched any contract because this was to be my business but they are not doing what they are supposed to.

 

also, they lied to me during this and they told me that what I would be doing would be completely different than what I was already doing online and when I finally got the information the folder they sent me was exactly the same as what was on the website of a company by another name.

 

I was also confused as to how I started out with one company then I was doing something from a different company and then a third. I just don't see why they want to force someone to do what they cannot. I know thats not a legal defense but morally I think its wrong.

 

the first company I started with had a refund policy and I thought when I was talking to these people it was the same because I thought I was dealing with one company but later figured out they fooled me into believing that

Expert:  Barrister replied 4 years ago.

Now if they have misrepresented the service or product, you might have an action for breach of contract. The problem is that you would have to find out where the company you paid is located and file suit there. Unless you wanted to represent yourself in small claims court, you would have to hire an attorney and it would likely cost $2000 or more to pursue this with no guarantee of a win and recovery.

 

I agree that what these companies do is morally reprehensible, but my consolation is that karma always boomerangs around to eventually get back at them.

 

Matt

 

 

Customer: replied 4 years ago.

I know where the company is that I paid so thats not a problem but I also understand it will cost me more to get it back and it's not worth it to me. I look at it this way, I either have to get them to mentor me and go on with the business but that could have devistating results or I can walk away and cut my losses. I might also want to consider getting someone to supervise my activities and have all my credit cards locked up.

 

I believe in karma as well and I laughed when I saw you mention that. I also agree that these people must not have a conscience and what they do is aweful.

 

Thank you so much for your time

Expert:  Barrister replied 4 years ago.

You are very welcome.

 

Come back any time you have questions.

 

Thanks.

Matt

 

 

 

Barrister, Attorney
Category: Business Law
Satisfied Customers: 23542
Experience: 14 years practicing attorney, MBA
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