ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Thursday, January 19, 2017

The Defendant's "Brain Fog" May Have Made Him Incompetent to Enter into a Contract

I don't come across a lot of cases revolving around competence, but here's a recent one out of New York, Gray v. Jung, No. 62996 (behind paywall). The case, at the summary judgment stage, revolves around plaintiff's seeking of specific performance on a real estate contract. The court found that the plaintiff met his burden regarding the appropriateness of specific performance as a remedy, but the defendant raised sufficient evidence of lack of competency to defeat the plaintiff's motion. The defendant submitted "a considerable amount of medical records" indicating that he suffered from "brain fog" that prevented him from fully understanding the real estate contract at issue. Plaintiff had his own evidence that the defendant was indeed competent to enter into the contract and that his subsequent regret at entering into the contract shouldn't render it unenforceable. However, the court found that there was a genuine dispute of material fact on the question of the defendant's competence that defeated summary judgment.

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Do you think a brain fog is like a brain cloud?

Posted by: Matthew Bruckner | Jan 20, 2017 1:06:37 PM

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