Chuck Olson, age 16, buys a used car from Bobby Duncan Used Cars Center on September 15, 2006. Olson agrees to pay $200 a month for 12 months. A month after the purchase, Olson is involved in an accident that wrecks the car. He immediately calls Duncan Cars and informs them that he is disaffirming the contract. According to traditional common laws, which of the following is most likely to be true?
A) Olson does not have a duty to place Duncan in status quo ante.
B) Olson can ask Duncan to pay for the damages as he hasn't made the full payment for the car.
C) Olson has to pay for the damages and then return the car to Duncan.
D) Olson can successfully press charges and force Duncan to take care of the damages caused to the car.

Question

Quizplus · Accepted Answer

According to traditional common laws, Olson does not have a duty to place Duncan in status quo ante. A difficult problem arises when the minor is no longer in possession of the consideration the adult gave, or when the consideration has been partially consumed or damaged, or has otherwise declined in value. The traditional common law answer is that the minor who no longer has the consideration the adult gave does not have any duty to place the adult in status quo.

Chuck Olson, Age 16, Buys a Used Car from Bobby