A Case of Contractual Capacity

A Marine who served in Afghanistan and was discharged for PTSD and TBI has sued a Harley Davidson Dealership that refused to take back the motorcycle sold to him while he was suffering form the symptoms of his condition.  Did the dealership know or have reason to know that the Marine buyer could not act reasonably under the circumstances?  ABC News reports: :

Smith, who is unemployed, entered the Harley-Davidson dealership on a whim to buy a motorcycle, according to the lawsuit filed on Oct. 30. While there, he told the employees that he had PTSD, while pacing, sweating profusely and acting jittery.

"At one point, the salesperson even gave him water so that he could take his Xanax," said Gilleon. "He took three while he was there."

According to the Marine: "I know I was sweating fast. I was talking fast. I know I was jittery, and I kept misplacing personal items like my wallet all over the dealership," said Smith.

Failing to take back the motorcycle also resulted in a claim for unfair business practices.  Seems like the dealership manager should have taken a BLAW course.

Click on the image below to see a video news report: