Baker, a minor, entered into a 3-year contract with Adidas to wear its footwear for $20,000 in the first year of the contract and $25,000/year for each of the final 2 years. The agreement provided that any claim of Baker's arising out of the agreement, would be governed by the law of the Netherlands and settled by Amsterdam courts. On April 10, 2004, Baker turned 18. On April 19, 2004, Adidas sent
Another payment to Baker for $12,500, and in May, the company flew Baker to Portland to try a redesigned shoe. In Oct. 2004, Adidas International wired $12,500 to Baker, thus completing its contractual obligation to pay Baker a $25,000 endorsement fee for 2004. Baker ended her athletic career because of a foot injury at about the same time Adidas completed its payment obligation. She then brought suit against Adidas in NC state court, alleging the shoes caused the injuries that ended her career. Adidas claims she must sue in the Netherlands under the contract.
A) She need not sue in the Netherlands, because she entered into the contract when she was a minor and can disaffirm it.
B) Since minors can disaffirm parts of the contract and affirm parts of the contract, she can disaffirm the forum selection clause and sue in North Carolina.
C) She cannot disaffirm the contract, in whole or in part, because she ratified it by accepting the payments after she turned 18.
D) She can disaffirm because a contract for the endorsement of goods is governed by the UCC.
Correct Answer:
Verified
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