I did manage to take my head out of my own arse for almost long enough to try to help someone else today...unfortunatley the attempt failed miserably.
A mentally disordered person is (according to Chapter 8 of Chitty on the Law of Contract) bound by his contract unless he can prove both of the following;
1. that he was not capable due to his mental capacity of understanding the nature of the contract which he was entering into
AND
2. At the time of making the contract the other person understood that he was under an incapacity.
I can't prove 2. because Orange are saying "he sounded fine to us when we sold him the ludicrously expensive mobile phone over the telephone the other day" - he patently didn't because he doesn't ever really sound fine. So the guy with learning difficulties, for whom I act ,is royally shagged to the tune of two grand. This problem is so bad that MIND locally beleive that some Orange sales people are actually targeting the mentally handicapped on PURPOSE! - nice.
If anyone else has a bright solution to this I'm all ears and have no ego on the point!
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Wednesday, May 02, 2007
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6 comments:
Thank you!
Can't you argue that he never sounds fine?
I was just wondering what the effect on Orange if someone started circulating a damaging email suggesting that this is suspected of being the case?
Right that's me changing my mobile over.
i don't know about over there but over here, there is a time period during which you can get out of any cell phone committment if you wish to do so.
p.s. i think that if you can prove legally someone's mentally ill, then they can't be held liable for any contract they make. at least, that's what happens in mississippi. down here, everyone's pretty much bonkers.
Pink - we have the "distance selling regulations" that do pretty much the same thing, but unfortunatley no one twigged the problem until too late.
Ticks and Pink - what I think I'm going to do is say to the phone co "bring it on I'll see you in court" then call every other mentally disabled person they have wrongly sold a phone to as a witness and tell the press what I'm up to - that should work!
Right on Lipster. I'm sure this is more winable by publicity then litigation.
Oh they SO don't want this one to be leaked to the Sun.
Leak. Leak. Leak.
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