Purchases made whilst mentally ill

LilElvis

InquisitiveMind wrote: »

This is the avenue I would explore and if the garage didn't want to refund then it may be worth exploring options with a solicitor (perhaps a specialist in mental health).

How would this help? It would likely cost thousands in legal costs and expert witness fees just to prove that the buyer lacked mental capacity at the time the purchase was made. Do you have the case law which would then void the contract if the seller unknowingly formed a contract with someone they were unaware lacked capacity? The aim here should be to minimise the financial loss to the buyer as the likelihood of pursuing the cancellation of the contract through the courts is remote.

InquisitiveMind

First, an option that hasn't been explored is it may be possible / desireable to sell the car privately for a decent return.

How would this help? It would likely cost thousands in legal costs and expert witness fees just to prove that the buyer lacked mental capacity at the time the purchase was made.

As you want to call me out, where's your evidence of this? Considering the money spent, if a solicitor / barrister advises it's likely to succeed then if goodwill refund is not an option, getting the money back less expenses may be preferable to the money one would receive from selling the car privately.

Do you have the case law which would then void the contract if the seller unknowingly formed a contract with someone they were unaware lacked capacity?

Ask youself why children can't form contracts - is it because they don't have the capacity? Therefore no contract would have been formed.

The aim here should be to minimise the financial loss to the buyer

obviously

the likelihood of pursuing the cancellation of the contract through the courts is remote.

One can pursue anything.

wealdroam

InquisitiveMind wrote: »

Ask youself why children can't form contracts - is it because they don't have the capacity? Therefore no contract would have been formed.

I have asked myself that and come to the conclusion that children can form contracts.

Children form contracts every day... everytime they buy something... beit a bus ticket or a chocolate bar.

The problem with a child forming a contract is that the other party cannot enforce contract terms against a minor.
It is for this reason that any sensible person will not be party to a (more significant) contract with a child.

pendragon_arther

When I was working in mental health at a day centre I key-worked a guy who had low IQ and a few other problems. He decided to phone one of these 0800 sex lines and chatted to a female whose job it was to chat up guys and keep the clients on the phone for as long as possible. He finally told me what he'd done after running up a bill for about £500 and was being chased. He was on benefits, so I advised him go to CAB. He decided to declare himself bankrupt but I never found out if he did or not.

Hintza

InquisitiveMind wrote: »

First, an option that hasn't been explored is it may be possible / desireable to sell the car privately for a decent return.

This thought crossed my mind but it sounds as if the purchase was spur of the moment and the car was sitting in the lot which then suggests it is not rare or desirable.

agrinnall

InquisitiveMind wrote: »

First, an option that hasn't been explored is it may be possible / desireable to sell the car privately for a decent return.

Or you could read the thread properly, see post #5.

Nessun_Dorma

LilElvis wrote: »

How would this help? It would likely cost thousands in legal costs and expert witness fees just to prove that the buyer lacked mental capacity at the time the purchase was made. Do you have the case law which would then void the contract if the seller unknowingly formed a contract with someone they were unaware lacked capacity? The aim here should be to minimise the financial loss to the buyer as the likelihood of pursuing the cancellation of the contract through the courts is remote.

InquisitiveMind wrote: »

First, an option that hasn't been explored is it may be possible / desireable to sell the car privately for a decent return.

As you want to call me out, where's your evidence of this? Considering the money spent, if a solicitor / barrister advises it's likely to succeed then if goodwill refund is not an option, getting the money back less expenses may be preferable to the money one would receive from selling the car privately.

Ask youself why children can't form contracts - is it because they don't have the capacity? Therefore no contract would have been formed.

obviously

One can pursue anything.

The most important issue, when considering a case such as this, would be of the seller took advantage of the buyer's incapacity.

arcon5

Hintza wrote: »

This thought crossed my mind but it sounds as if the purchase was spur of the moment and the car was sitting in the lot which then suggests it is not rare or desirable.

Not sure i'd conclude if a car is sat on a car lot it is undesirable. Car dealers across the country don't hide all the good stock in lockups and put the !!!! on the forecourt

cajef

Unfortunately as soon as they were registered as the keeper and the car was driven off the forecourt it became second hand so the chances of the garage giving a full refund are pretty remote.

Nessun_Dorma

cajef wrote: »

Unfortunately as soon as they were registered as the keeper and the car was driven off the forecourt it became second hand so the chances of the garage giving a full refund are pretty remote.

Remote? I'd say have no chance whatsoever.