Bar Exam (U.S) Family Law: Gary and Henrietta, residents of the state of Albertville, are involv...

Question

Gary and Henrietta, residents of the state of Albertville, are involved in a serious relationship. They have been dating for approximately three months, during which time they have seen each other every day. However, Gary and Henrietta have done nothing more than hold hands. Gary has told Henrietta that, due to his strong religious beliefs, he does not believe in premarital sex and cannot engage in sexual relations until they are married. Gary has failed to disclose that he is both impotent and suffering from AIDS.

Deeply in love with Gary, and frustrated by his unwillingness to engage in sexual relations, Henrietta suggests to Gary that they marry. Gary, who is genuinely and deeply in love with Henrietta, agrees. They obtain a marriage license and hold a small ceremony which is officiated by a rabbi and attended by about 20 of their friends.

Gary and Henrietta then go on their honeymoon. While in Hawaii, Gary continually rejects Henrietta's sexual advances. Finally, after three days during which Henrietta is growing more and more frustrated and unhappy, Gary reveals to her that he cannot have sex with her because he is impotent and that he expects to die shortly due to his low T-cell count.

Assume for the purposes of this question only that Gary does not suffer from AIDS and that, after two months of marriage, Gary tells Henrietta that he is not actually impotent but that he is not interested in her in a sexual way. He says that he loves her deeply but finds her physically unattractive. Henrietta seeks to annul the marriage.

As her attorney you should advise her that

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    She cannot obtain an annulment.
  2. B
    Correct Answer
    She can obtain an annulment on the basis of fraud because Gary impliedly promised to engage in sexual relations with her.
  3. C
    Correct Answer
    In order to obtain an annulment, Henrietta would have to show that Gary was actually impotent.
  4. D
    Correct Answer
    She can obtain an annulment only if Gary expressly promised before marriage that he would engage in sexual relations with her after marriage.
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