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GLD 399.01+0.1%Dec 19 4:00 PM EST

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To: Ilaine who wrote (76962)7/29/2011 12:35:10 AM
From: Maurice Winn1 Recommendation  Read Replies (1) of 218644
 
CB, I'm not a lawyer, but when we studied contract law long ago as part of civil engineering education, one of the one of the laws of contract was that parties had to be mentally fit to form a contract. So, children and mentally defective people couldn't form a contract. Such purported contracts would be unenforceable.

The people you are describing might be considered "normal" and able to form contracts, but if they are functionally illiterate and so cognitively incompetent that they have no chance of understanding the contract, then they are effectively as hopeless as the children and others.

Of course it would not be reasonable to allow a get out gaol free card to people who would claim after the fact to be mental defectives. But I can see that judges might determine that some people were played for fools. That's as old as the hills so there is obviously plenty of case law over the matter and from what I've seen, many people who get into financial trouble knew what they were doing but don't like the result, which was supposed to be that they get rich quick with no effort, on borrowed money.

Do you get some contracts rejected by judges as unenforceable due to obvious mental incompetence which creditors ignored in their formation of a contract?

Mqurice

Edt... speak of the Devil> regarding the article about Wells Fargo: <
The Justice probe signals that the agency, after battling claims that it's been too easy on major mortgage firms in the wake of the financial crisis, may be toughening its approach. Its fair lending unit has about 60 open matters,
>
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