Burt,a mentally impaired person,is asked by Carl to sign a piece of pa?per that Carl says is an autograph book.In fact,the document is a note.If later sued on the note by an HDC
A)Burt must pay the note.
B)Burt's best defense would be fraud in the execution.
C)Burt's best defense would be fraud in the inducement.
D)Burt's best defense would be mistake.

Question

Quizplus · Accepted Answer

Burt's best defense would be fraud in the execution because he was misled about the nature of the document he signed. He thought he was signing an autograph book and not a promissory note. Fraud in the inducement would apply if he had been misled about the terms of the note, and mistake would apply if he had made an error about the nature or terms of the document he signed without being misled by anyone else.

Burt,a Mentally Impaired Person,is Asked by Carl to Sign a Piece