Some states impose a duty on a minor who disaffirms a contract to restore the adult party to the position he or she held before the contract was made.

Question

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Some states have a doctrine of restitution that requires a minor who disaffirms a contract to return any property or benefits received from the adult party and restore them to their pre-contract position. This is meant to prevent the minor from unjustly enriching themselves at the expense of the adult party. However, not all states follow this approach and some may have different rules regarding minor disaffirmance of contracts.

Some States Impose a Duty on a Minor Who Disaffirms