Settlement agreement upon divorce

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Reference no: EM1346447

Lisa Palermo, an alcoholic, signed a settlement agreement upon her divorce from her husband, Wes Palermo. Wes, in Lisa's absence in court, stated that she had had lucid intervals from her alcoholism, and had been lucid when she signed the settlement agreement. The judge in the case orally expressed skepticism about Wes's assurances, but proceeded with the settlement due to Lisa's failure to appear in court. Lisa subsequently moved to vacate the settlement agreement, after she had retained new legal counsel. Four months later, Lisa was declared incompetent to handle her person and her affairs, and a guardian and conservator was appointed. Lisa, through her guardian, sued to have the settlement agreement voided.

Who do you think should win in this case, and why?

Reference no: EM1346447

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