MBE Sample – Question 11 - Actual
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MBE Sample - Question 11
A daughter was appointed guardian of her elderly father following an adjudication of his mental incompetence. The father had experienced periods of dementia during which he did not fully understand what he was doing. The father later contracted to purchase an automobile at a fair price from a seller who was unaware of the guardianship. At the time of the purchase, the father was lucid and fully understood the nature and purpose of the transaction.
What is the legal status of the transaction?
A
The contract is enforceable, because a reasonable person in the situation of the seller would have thought that the father had the capacity to make the contract.
B
The contract is enforceable, because it was made on fair terms and the seller had no knowledge of the father’s guardianship.
C
The contract is void, because the father was under guardianship at the time it was made.
D
The contract is voidable at the option of the father.
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