On May 1st Dubious sold Rodney Thermal (Hot Rod), who was two weeks shy of his 18th birthday, a 2003 Bulgemobile Turboturgid Mark VI automobile for $9,000. Hot Rod made a down payment, and agreed to pay $250 per month on the balance. When Hot Rod applied for insurance with Goodhands Insurance Co. he signed a "Notice of Rejection," declining to purchase uninsured motorist coverage (which was not required in the jurisdiction). One week later an uninsured motorist crashed into the car; Hot Rod sought to disaffirm his rejection of the insurance on the basis of his infancy. Four weeks later-having made one payment-he sought to disaffirm his purchase of the car entirely.
a. May Hot Rod disaffirm his rejection of the insurance as he wants to?
b. May he disaffirm the contract entirely?
a) No, Hot Rod cannot disaffirm his rejection of the contract. An infant may avoid his or her contract, but the rule is not that the infant may avoid or disaffirm the rejection of a contract.
b) No, Hot Rod cannot disaffirm the contract entirely. After reaching majority, an infant has a reasonable time to disaffirm contracts made during infancy, but if the infant performs a part of the contract after reaching majority, the contract is said to be ratified by the infant and it cannot be avoided.
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