1995 WL 681532
In the 1995 case Ervin v. Hosanna Ministry, Inc., Jacqueline and Curtis Ervin sued a rehab center and its owner for personal injuries and fraud. Jacqueline had slipped on a wet floor while in the rehab program for substance abuse problems. The couple claimed that the center had lied about its qualifications to treat addiction.
Hosanna Ministry argued that Jacqueline had forfeited her right to sue by signing a liability release upon entering the program. The Ervins countered that due to her intoxicated state, Jacqueline could not understand the release when she signed it.
The court decided that a trial was needed to determine if Jacqueline understood the release and if the rehab center had lied to her about its qualifications. This case is an example of the legal concept of capacity, meaning whether a person can understand the consequences of a contract they are entering.
Generally, those found to be intoxicated, minors, or mentally incapacitated may be exempt from contract obligations to protect them from being exploited when their decision-making is impaired. However, exceptions exist, such as contracts for essential goods or when an individual regains their capacities and confirms the contract.
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.