Question 1

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 2

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

False

Question 3

In most states,determining what is a reasonable time for disaffirmance depends on circumstances rather than a statutorily prescribed time period.

Accepted Answer

In most states, the determination of a reasonable time period for disaffirmance depends on the circumstances surrounding the transaction, rather than a specific time period prescribed by law.

Question 4

Contracts of a ward may be ratified by his guardian during the period of guardianship.

Accepted Answer

Contracts made by a ward during his minority are voidable at his option within 2 years of attaining majority. However, such contracts may be ratified by the ward's guardian during the period of guardianship.

Question 5

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

This is true according to the majority view on the disaffirmance of contracts by minors. The minor only needs to return the property received, but is not required to return it in the same condition.

Question 6

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 7

Mel is 17 years old but looks older than 18.He makes a contract to buy a car from Maisie,who is the age of majority.When Maisie finds out Mel's age,she may avoid the contract even if Mel did not misrepresent his age.

Accepted Answer

The answer of Mel is 17 years old but looks...

Question 8

If a person with a mental condition that impairs her ability to act in a reasonable manner enters a contract that is grossly unfair,the contract is voidable.

Accepted Answer

This is because the person's mental condition may have prevented them from fully comprehending the terms of the contract and their consequences, making it unfair for them to be held bound by it. As such, they have the right to void the contract.

Question 9

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 10

The contracts of a person who is adjudicated insane and placed in care of a guardian are void.

Accepted Answer

The contracts of a person who is adjudicated insane and placed in care of a guardian are void. This is because they are not legally capable of entering into agreements or making decisions.

Question 11

If Carrie,age 14,contracted to buy a fur coat by mail,the coat manufacturer would not have to send it since the contract was void.

Accepted Answer

Age of majority (legal adulthood) in most states in the US is either 18 or 21, but minors can still enter into contracts. However, there are limitations on their ability to enforce such contracts. In some cases, contracts entered into by minors may be voidable at the minor's option. However, the specific rules vary by state and depend on the nature of the contract. Therefore, it is not necessarily true that the contract for the fur coat would be void.

Question 12

Contractual incapacity excuses a minor from an obligation to pay for necessaries.

Accepted Answer

Minors are generally excused from contractual obligations due to incapacity, but they are still responsible for paying for necessaries (such as food, clothing, shelter, and medical care) to the extent of their value.

Question 13

Seventeen-year-old Teresa wants to disaffirm her student loan agreements.In most states,she will not be allowed to do so.

Accepted Answer

Most states do not allow minors to disaffirm contracts, including student loan agreements, unless they can show evidence of fraud or misrepresentation.

Question 14

Natalie,age 17,rented a power washer and while using the machine,she negligently damaged it beyond repair.Under the majority view,the rental company can successfully sue Natalie for damages on a tort theory of negligence since it is well settled that minors are liable for their torts.

Accepted Answer

The answer of Natalie,age 17,rented a power washer and while...

Question 15

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 16

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

Accepted Answer

The doctrine of necessaries refers to the legal obligation to provide the necessities of life, such as food, shelter, and medical care. It applies to both minors and mental incompetents who are unable to provide for themselves.

Question 17

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

Accepted Answer

This was the common law definition of a minor, but the age of majority may vary depending on jurisdiction and can be lower than 21 in some countries.

Question 18

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

Accepted Answer

This is known as the "intoxication defense" and applies in situations where the person was so drunk or high that they didn't have the capacity to understand or agree to the terms of the contract. However, it's important to note that this defense isn't always successful and depends on the specific circumstances of the case.

Question 19

Ratification makes a contract void from the beginning.

Accepted Answer

Ratification is the process by which a party accepts and agrees to be bound by a contract that was previously unauthorized or lacked legal capacity. Ratification makes the contract valid and binding from the time it was originally entered into, not void.

Question 20

Carlie contracted to purchase an entertainment center while she was 16.She can ratify the contract the following year.

Accepted Answer

The answer of Carlie contracted to purchase an entertainment center...

Quiz 14: Contractual Capacity