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An art dealer bought a painting worth $50,000 from an elderly seller for $2,000. During the sale, the seller repeatedly called the dealer by the wrong name, asked whether the painting was "a grocery coupon," and appeared unable to understand that she was selling it permanently. The dealer suspected that the seller was seriously impaired but completed the sale.
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The contract is voidable if the seller was unable to understand the nature and consequences of the transaction and the buyer had reason to know of that condition. The contract is enforceable because capacity is irrelevant to contracts for personal property. The contract is enforceable because the buyer paid some consideration. The contract is enforceable because mental weakness never affects contractual capacity unless a guardian has already been appointed.

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