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