Missing from demonico argument about capacity

Assignment Help Operation Management
Reference no: EM132223788

Facts: A family dispute over ownership of what had been the family home in Woburn, Massachusetts, prompted Sparrow to file a complaint in a state trial court against her sister, Susan Demonico, and Susan’s husband, David D. Demonico (Demonicos). Prior to trial, the parties resolved their differences by entering into a settlement agreement reached during voluntary mediation. However, when Sparrow attempted to obtain a court order to enforce the agreement, the Demonicos argued that the contract was void because Susan Demonico lacked the capacity to enter into the agreement. A trial court agreed with the Demonicos, ruling that the contract was void because it may have been the product of an emotionally overwrought state of mind and Susan was not able to understand in a reasonable manner the nature and consequences of her actions. The appellate court reversed the trial court’s decision and issued an order enforcing the settlement agreement.

Issue: Did Demonico’s condition establish incapacity as a defense to the mediation settlement agreement?

Ruling: No. Although the court ruled that she could establish incapacity even without proof of a permanent medical condition, Demonico did not provide any credible medical evidence to indicate that she didn’t have the ability to comprehend the reasonableness of the settlement terms.

Case Questions:

1. What does the court say was missing from the Demonico’s argument about capacity?

2. What factors went into the trial court’s decision to void the settlement agreement?

Reference no: EM132223788

Questions Cloud

Increasing competitive pressures from laser eye surgery : Producers of eyeglasses and contact lenses face increasing competitive pressures from laser eye surgery.
Human resources leaders and compensation experts : Human resources leaders and compensation experts will always need to attract talented managers to their corporations.
Human resources leaders and compensation experts : Human resources leaders and compensation experts will always need to attract talented managers to their corporations.
Online reputation and enhance your online presence : Reflect on your social media presence, what specific steps will you take to improve your online reputation and enhance your online presence?
Missing from demonico argument about capacity : What does the court say was missing from Demonico’s argument about capacity? What factors went into the trial court’s decision to void settlement agreement?
What is value-based management : Define the Value based model and give an example of its application in the manufacturing industry. What is value-based management? explain.
Discuss responsibility and potential ethical dilemmas : Discuss the responsibility and potential ethical dilemmas associated with the research and development department.
Describe the three levels of strategic leadership : Describe the three levels of strategic leadership.
Recruiting and selecting for coffee shop : Recruiting and Selecting for a coffee shop: Here you will be embarking on recruitment and selection. Create job postings for each

Reviews

Write a Review

Operation Management Questions & Answers

  Overcoming typical challenges

A major hailstorm has just affected your community in Mississippi. It is unclear what neighborhoods have been affected and what needs your citizens have. How does this situation affect your decision making? What can be done to overcome such problems?

  Describe how information system benefits skydive chicago

Skydive Chicago is one of the United States’ premier skydiving resorts, serving skydivers ranging in skills from first time jumpers to internationally competitive freefly teams. Each student in Skydive Chicago’s training program makes a series of pro..

  Explain for your investors the purpose of the presentation

Explain for your investors the purpose of the presentation. What do you plan to communicate, and why should your investors pay attention?

  Briefly explain what you think each of these suggestion mean

Briefly explain what you think each of these suggestions means. As you write your explanations, discuss the implications for strategic decision makers.

  What do you think about gdpr in this digital age

Its benefits to consumers and society in general. What do you think about GDPR in this digital age.

  Environmental-financial risks and opportunities identified

What are the top legal, safety, environmental, and financial risks and opportunities identified?

  After a period of great self-reflection and introspection

“Bill Smith, after a period of great self-reflection and introspection, went to see his boss with the following information. He was shocked when he looked at himself and discovered he was middle aged and was still only in the middle income bracket of..

  What exact documents you have in your career portfolio

Describe in a 2-3 page paper what exact documents you have in your career portfolio.

  Expense ratio-combined ratio for insurance company

A company is struggling to recruit graphic web designers. What is loss ratio, expense ratio, and combined ratio for insurance company?

  Environmental scan paper

Write a 1,050- to 1,400-word paper in which you complete the following:

  Despite the lack of authority

Superior Company draws a check payable to Ted. Uri makes a note payable to Vital Finance Corporation.

  What is the cycle-service level

What is the average weekly demand? If the target inventory level is set at 500 units, what is the safety stock? What is the cycle-service level?

Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd