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Jason Roger v. Household Life Insurance Company

2015-09-03 来源: 51due教员组类别: 更多范文

51due论文代写网精选代写范文："Jason Roger v. Household Life Insurance Company"。这篇论文主要讲述了杰森罗杰诉家庭生命保险公司的案子。作者认为，因为杰森的父亲的裁决，这意味着他缺乏签署合同的能力，虽然他的家人将受益于合同，但作者依然赞同法院的判决。

In the case, the district court must resolve 2 issues. The first is that the signed contract of Alan Roger is void because he was adjudicated incompetent before entered the contract. Household Life Insurance Company (HLIC) required award of attorney fees and costs under Idaho Code § 41-1839. Thus the second is to judge if the award of attorney fees and costs should be given to HLIC.

Jason Roger was the plaintiff who claimed that the contract was merely voidable, that as Alan’s guardian he had the capacity to and did ratify the contract, and thus the contract was enforceable, he required a life insurance proceed after his father’s death. So the key in this case is to determine the person of unsound mind whether could enter a contract, if he entered, the contract is void ab initio or voidable. The judge found the relevant Idaho Code to judge the case. It states that there are two groups who are adjudicated and not adjudicated to be incapacitated. To those who are not adjudicated, the contract is voidable, but to those who are, they don’t have the legal capacity to contract until their recovery. What’s more, according to “limited guardianship” codes, I.C. § 15-5-304(a), I.C. § 15-5-304(c), because Jason had the full powers represents a finding as guardian, his father was adjudicated incapacitated, so he lacked the capacity to contract as a matter of law, I.C. § 15-5-101(a). In general, Under Idaho Code § 32-108, because Jason’s father was adjudicated and did not have the ability to contract, the contract he signed was void. The court followed the distinct court and applied Cristo Viene Pentecostal Church v. Paz, 144 Idaho 304, 307, 160 P.3d 743, 746 (2007) and it also exercises free review over questions of law. Cristo, 144 Idaho at 307, 160 P.3d at 746.3. The court properly granted HLIC’s motion for summary judgment and denied the award of the attorney fees.

In my opinion, because Jason’s father’s adjudication, which means he lacks the ability to sign a contract, so if he signed during the period with the help of his guardian, we cannot decide that the contract whether represents his own will or not, although his family will benefit from the contract. In other words, I approve with the court’s judgement. -w

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Jason Roger v. Household Life Insurance Company