Question

Ashley and Mark were negotiating and Ashley’s attorney prepared a long and carefully drawn contract, which was given to Mark for examination. Five days later and prior to its execution, Mark’s eyes became so infected that it was impossible for him to read. Ten days thereafter and during the continuance of the illness, Ashley called upon Mark and urged him to sign the contract, telling him that time was running out. Mark signed the contract despite the fact he was unable to read it. In a subsequent action by Ashley, Mark claimed that the contact was not binding upon him because it was impossible for him to read and he did not know what it contained prior to his signing it. Should Mark be held to the contract?

1.​Highlight the pertinent facts;

2.​Identify the issue of law and/or fact posed by the case problem;

3.​What should be the decision in the case?

4.​The reasoning for such decision.

Answer 1

Mark should have appointed an attorney or some person to read the contract terms before signing. Mark will not lose the capacity to enter into a contract because of the infection in his eyes. There are many ways of understanding the terms of the contract. Ten days is good enough time for knowing the terms of the contract. So the contract becomes binding on Mark.