Question 1

In general,a minor may only disaffirm a contract after he has reached the age of majority.

Accepted Answer

A minor can disaffirm a contract before reaching the age of majority, and in some cases, for a reasonable period after reaching the age of majority, depending on the jurisdiction.

Question 2

Sean had two beers and felt tipsy.He made a deal with Yoko to buy her stereo.He can avoid the contract because of lack of capacity.

Accepted Answer

Being tipsy from two beers does not generally meet the legal standard for lack of capacity to enter into a contract. Capacity typically refers to the ability to understand the nature and consequences of the transaction, which mere tipsiness does not usually negate.

Question 3

Sally goes away to college at 17,lives on her own,and pays her own rent and electric bills.If she makes a contract to buy a television set,in most jurisdictions,she may assert her minority status and set aside the contract.

Accepted Answer

In most jurisdictions, minors (those under the age of 18) have the legal right to disaffirm contracts they enter into while still minors, with certain exceptions (necessities, educational loans, etc.). Since Sally is 17 and the purchase of a television set is not considered a necessity, she can assert her minority status to disaffirm the contract.

Question 4

The doctrine of necessaries applies in the same way to minors and mental incompetents.

Accepted Answer

The doctrine of necessaries states that one person is responsible for providing necessary goods and services to another person. This applies to both minors and mental incompetents, meaning that someone who is legally responsible for them must provide for their needs.

Question 5

At common law,a minor was a person who was under twenty-one years of age.

Accepted Answer

This statement is true. At common law, a minor was someone who had not yet reached the age of twenty-one.

Question 6

Kris,age 17,who looks 18 or older,makes a contract to buy a car from Maisie,an adult.Maisie finds out Kris's age.Maisie may avoid the contract even if Kris did not misrepresent her age.

Accepted Answer

Since Kris is a minor, it is Kris who has the legal right to disaffirm (avoid) the contract, not Maisie. Adults cannot avoid contracts made with minors simply based on the minor's age; only the minor has that privilege.

Question 7

Ratification makes a contract void from the beginning.

Accepted Answer

Ratification is the process by which a person or party confirms or approves a contract that was not valid or enforceable at the time it was made. Ratification makes the contract valid and enforceable from the date of ratification, not from the beginning.

Question 8

In general,minors have liability for their torts.

Accepted Answer

Minors can be held liable for their intentional or negligent torts, but the extent of their liability may be limited by their age and the circumstances of the situation.

Question 9

If a person is adjudicated insane and placed in care of a guardian,that person's contracts are void.

Accepted Answer

When a person is adjudicated insane and placed in care of a guardian, they are considered legally incompetent and their contracts are usually deemed void or unenforceable.

Question 10

Disaffirmance may be express,but it may not be implied.

Accepted Answer

Disaffirmance can be either express, through clear and direct communication, or implied, through actions that demonstrate an intention to disaffirm a contract or agreement.

Question 11

All states agree that a minor who has fraudulently misrepresented her age when entering into a contract has no power to disaffirm the contract.

Accepted Answer

The ability of a minor to disaffirm a contract due to misrepresentation of age varies by jurisdiction. Some states may allow minors to disaffirm contracts even if they misrepresented their age, while others may hold them to certain types of contracts or impose conditions.

Question 12

Beth,at age 17,sells an antique pin she inherited.Even if the buyer resells the pin to someone who did not know that it was purchased from a minor,Beth can recover the pin from the third person if she changes her mind about wanting to sell it.

Accepted Answer

Once Beth sells the antique pin, she no longer has any legal claim or ownership over it. Therefore, she cannot recover the pin from a third person who bought it in good faith from the initial buyer, even if they did not know that the original seller was a minor.

Question 13

An intoxicated person must have been so intoxicated as to have been unable to understand the consequences of his actions or have been unable to act in a reasonable manner in order to avoid a contract.

Accepted Answer

Intoxication can be a defense to contract enforcement if the person was so intoxicated that they did not understand the consequences of their actions or were not able to act in a reasonable manner to avoid the contract. However, if the person was only slightly intoxicated or their intoxication did not affect their ability to understand or act in a reasonable manner, then the defense of intoxication may not be successful.

Question 14

In a contract to sell necessaries to a minor,these goods and services are limited to medical care,food,and shelter.

Accepted Answer

Necessaries in a contract to sell to a minor can also include clothing, education, and other goods or services essential for the minor's wellbeing, not just medical care, food, and shelter.

Question 15

In general,if a minor lies about her age in order to induce the seller to contract with her,she cannot disaffirm that contract.

Accepted Answer

Minors can typically disaffirm contracts they enter into, even if they lied about their age, because they are considered legally incapable of fully understanding and consenting to the terms of the contract.

Question 16

Jessica at the age of 15 entered into a contract to sell five acres of land to her uncle.She may disaffirm this contract at any time before reaching her majority.

Accepted Answer

The answer of Jessica at the age of 15 entered...

Question 17

By the majority view,a minor need only return any property he has received from the other party if the minor wishes to disaffirm the contract.He has no duty to return the property in the same condition in which he received it.

Accepted Answer

The majority view is that a minor only needs to return any property received from the other party if they wish to disaffirm the contract, but they do not have a duty to return it in the same condition.

Question 18

Seventeen-year-old Teresa wants to disaffirm her student loan agreements.Most states will not allow her to avoid such contracts.

Accepted Answer

Most states do not allow minors to disaffirm contracts related to student loans.

Question 19

All 50 states,either by statute or court ruling,recognize a duty on the part of a minor to make restitution to the seller upon disaffirmance of a contract.

Accepted Answer

Not all states have statutes or court rulings that specifically require minors to make restitution to the seller upon disaffirmance of a contract. The laws and requirements can vary significantly from state to state.

Question 20

A person under guardianship by court order has no contractual capacity.

Accepted Answer

When a person is under guardianship by court order, their legal capacity to enter into contracts is limited or removed. The guardian is responsible for making legal decisions on their behalf.

Quiz 14: Contractual Capacity