Cynthia takes a prescription sleeping pill, NapALot, on Fridaynight. She wakes Saturday afternoon to find a new Mercedes in herdriveway. According to the paperwork on her kitchen counter,earlier that morning, Cynthia emptied her savings account to buythe Mercedes. Cynthia, however, has no memory of doing any of that.She experienced a rare side effect of NapALot. Some usersexperience sleepwalking spells in which they appear wide awake, anddo all manner of complex tasks without remembering.
Cynthia promptly takes the paperwork and drives the Mercedes tothe dealership to return the car. The dealership is closed by thetime she arrives. The dealership also is closed on Sunday. her jobis a few blocks from the dealership. Cynthia will have time onmonday to return the car when the dealership is open.
However, Cynthia does not take the time to get to the dealershipuntil the Firday after the purchase. the dealership refuses toaccept the car and return her money. Cynthias sues for rescission.Who do you think will prevail? Why?
