Question 1

Brasilia,a real estate broker licensed only in Connecticut,con?cludes a land sale in Delaware.She can

Accepted Answer

The answer of Brasilia,a real estate broker licensed only in...

Question 2

Jacquie signs a contract to buy a car just before reaching the age of major?ity.After reaching the age of majority,Jacquie does not take possession or make payments.Most courts would hold,with respect to the contract,that this is

Accepted Answer

Disaffirmance is the act of a minor voiding a contract made before reaching the age of majority. By not taking possession or making payments, Jacquie is indicating that she does not intend to go through with the contract, which is equivalent to disaffirming it.

Question 3

On Tim's eighteenth birthday,he decides that he no longer wants to keep a car he bought from Woody's Autos,Inc.,when he was seventeen.His right to disaffirm the deal will depend on

Accepted Answer

Tim's right to disaffirm the deal will depend on whether he acts within a reasonable period of time. As he is now eighteen, he has the legal capacity to disaffirm the contract he entered as a minor. However, the time limit for disaffirmation varies by state law and contract type. Therefore, it is crucial for Tim to act within a reasonable period after turning 18. The car's condition and Woody's Autos, Inc.'s right to disaffirm the contract are not relevant factors in Tim's right to disaffirm the contract.

Question 4

Jolie signs a contract with Keaton,an unlicensed physician,to perform plastic surgery-a medical procedure.This contract is enforceable by

Accepted Answer

Keaton is an unlicensed physician, which means they are not legally allowed to perform medical procedures like plastic surgery. Therefore, any contract signed with Keaton for such a procedure would be considered invalid and unenforceable by either party.

Question 5

Lindsey,an emergency medical technician,is called to an accident scene by Nicole and renders medical care to Marvin,a mi?nor.Lindsey may recover the cost from

Accepted Answer

Lindsey, as an emergency medical technician providing necessary medical care, may recover the cost from Marvin, the recipient of the services, even though Marvin is a minor.

Question 6

Ruth,a minor,charges groceries at Sam's Mini-Mart.Two days later,Ruth disaffirms the purchase.Ruth owes Sam's

Accepted Answer

When a minor disaffirms a contract, they are typically required to return any goods received as a result of the contract or pay the reasonable value of those goods. In this case, Ruth received groceries from Sam's Mini-Mart and then disaffirmed the purchase, so she would owe Sam's the reasonable value of the groceries. This means the amount she would owe would be based on the actual cost of the groceries to Sam's, rather than the retail or wholesale value.

Question 7

Jenna,a minor acting on her own,signs a contract to buy a horse and its tack from Field Equine Ranch.Later,after taking possession of the horse and tack,Jenna disaffirms the deal.She

Accepted Answer

Jenna, being a minor, has the right to disaffirm the contract. Disaffirming means that she can cancel the contract and return the horse and its tack to Field Equine Ranch. Therefore, she must return both the horse and the tack.

Question 8

Delia enters into,and fails to disaffirm soon after reaching the age of ma?jority,a contract with Electronics Stores,Inc.(ESI).Later Delia attempts to disaffirm the contract.ESI files a suit against her.The court will most likely consider the contract ratified if it is

Accepted Answer

If the contract has been executed, it means that both parties have fulfilled their obligations and received the benefits of the contract. This would suggest that Delia intended to accept the terms of the contract and therefore ratified it, even if she later attempted to disaffirm it.

Question 9

Intoxicated but fully aware of the consequences,Uri agrees to a two-year cell-phone service contract with Wander Talk,Inc.,at more than the average market price.This contract is

Accepted Answer

Intoxication alone does not void a contract if the intoxicated person had the mental capacity to understand the terms and consequences of the agreement. As Uri was fully aware of the consequences, the contract is likely to be enforceable. The fact that the contract was above market price also does not necessarily make the contract unenforceable as long as Uri was free to choose and negotiate the terms.

Question 10

Smitty enters into an illegal bargain with Taylor.Smitty can enforce the con?tract or re?cover for its value if he has been induced to enter into the bar?gain as a result of

Accepted Answer

If Smitty has been induced to enter into the bargain as a result of fraud, he can enforce the contract or recover its value. In all other options, Smitty is aware that the bargain is illegal, which means he cannot enforce the contract or recover the value.

Question 11

Orin relinquishes the right to his daughter Neko's control,care,custody,and earnings.This act is

Accepted Answer

Orin relinquishing the right to his daughter's control, care, custody, and earnings is an act of emancipation, where he is giving up his parental rights and allowing Neko to be independent and responsible for herself. Disaffirmance is the act of rejecting or nullifying a legal contract, ratification is the act of approving or confirming a legal contract, and severability refers to the ability to separate and enforce specific provisions within a legal contract.

Question 12

Fay is mentally incompetent but has not been so adjudged by a court.Any contract Fay enters into is

Accepted Answer

A contract is voidable if one party lacks the mental capacity to comprehend its nature and consequences, even if not adjudged by a court.

Question 13

Dante enters into a contract with Rosalinda,who does not have contractual ca?pacity.Dante can enforce the contract if Rosalinda

Accepted Answer

If Rosalinda does not choose to avoid the contract, then Dante can enforce the contract even if Rosalinda does not have contractual capacity. A person without contractual capacity has the right to avoid a contract, but they may choose not to do so. Therefore, if Rosalinda does not choose to avoid the contract, Dante can enforce it.

Question 14

Cross-Country Trucking Company contracts with Baldwin to transport crated goods to a certain destination for $5,000.Cross-Country delivers the crates,but Baldwin does not pay.Cross-Country learns that the crates contained stolen goods.Cross-Country can

Accepted Answer

Cross-Country Trucking Company can recover the $5,000 from Baldwin because the contract was valid, and they fulfilled their end of the bargain by delivering the crates. The fact that the goods were stolen is not relevant to the contract, and Baldwin is still obligated to pay for the delivery services. However, recovering the stolen goods is not their responsibility as it is not part of their contract with Baldwin.

Question 15

Max,a minor subject to his parents' care and control,signs a contract to rent an apartment from Noel for one year.Before the end of the term,Max moves out.Noel sues for the rent for the rest of the term.Max can

Accepted Answer

As a minor, Max has the right to disaffirm the contract, which allows him to avoid liability for the rent. Minors can generally void contracts to protect them from their lack of experience and judgment.

Question 16

Yvon and Zach are minors who marry each other.Their minority status may be terminated under the laws of

Accepted Answer

Some states allow minors to petition for the termination of their minority status in order to marry. However, not all states have this provision and it may vary in terms of age requirements and other conditions.

Question 17

Chris,a minor,signs a contract to buy alcoholic beverages for Dine & Drink,his parents' restaurant.The contract is

Accepted Answer

Contracts for illegal activities, such as a minor purchasing alcoholic beverages, are void as a matter of law.

Question 18

Elmo,a minor,misrepresents his age to be twenty-one and contracts to buy a car from Fine New Autos.Ordinarily,Elmo can disaffirm the contract

Accepted Answer

A minor can generally disaffirm a contract they entered into while still a minor, regardless of whether the other party knew or did not know their true age. Misrepresentation of age by a minor does not necessarily bar them from disaffirming the contract. Therefore, Elmo can disaffirm the contract under any circumstances.

Question 19

Olga,a minor,signs a contract to buy a computer from Phil,the owner of Quality Computer Store.Olga's right to disaffirm the contract

Accepted Answer

In most jurisdictions, a minor can disaffirm a contract, but the adult party (Phil) is still bound by the contract unless the minor chooses to disaffirm it.

Question 20

Fernando obtains a consumer loan from Greater Regional Credit Union at an interest rate that exceeds the state's maximum.Greater Regional has

Accepted Answer

Greater Regional Credit Union has committed usury by charging an interest rate that exceeds the state's maximum allowed. Usury refers to the charging of an excessive interest rate on a loan or credit agreement.

Quiz 13: Capacity and Legality