Posted on by Judy

A minor presented the salesperson with a falsified driver’s license (that indicated he was an adult) at the time that he bought the car. The salesperson was reasonable in believing that Minor was an adult. According to these facts: All states would stop the minor from being able to disaffirm the contract All states wold allow the minor to disaffirm the contract Some states would permit the minor to disaffirm but others would prevent the minor from being able to disaffirm. The adult has the ability to decide whether to disaffirm the contract.

ans =option 3
Majority of the states will grant disaffirmance (even if the juvenile misrepresented his age) when entering into the contract. But,
few states forbid disaffirmance in all situations wherever the minor falsified his age;
other states forbid disaffirmance in situations where the minor has participated in dealings as an adult;
few law courts decline to permit minors to disaffirm completely performed agreements except if they can return all consideration obtained;
some law courts sanction disaffirmance however subject the juvenile to tort liability for his falsification.
 
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  2. Sam, a minor, bought a yacht from Marine Co. Inc. Under the terms of the contract, Sam agreed to make monthly payments. About four months after reaching his 18th birthday, Sam became bored with boating and wanted to disaffirm the contract. He had made five (5) payments up to the point that he decided to rescind (cancel). Can he disaffirm the contract? Sam could not disaffirm because the yacht was a necessity. Sam, most likely, could not disaffirm because he ratified the contract. Sam could not disaffirm because the yacht was now used and worth much less than when he bought it. Sam could disaffirm the contract.
  3. A contract between an adult and a minor that cannot be enforced by the adult due to the minor’s lack of capacity can still be enforced against the adult if the minor elects to do so. True False
  4. In Abel v. Baker, a state supreme court held in 2008 that a minor could cancel a contract for the purchase of a computer. A similar case, Charlie v. Doe, is now before a trial court in the same state. Under the doctrine of stare decisis, the court will probably? 1. ignore Abel because it is too old. 2.permit the minor to cancel the contract. 3.not permiyt the minor to cancel the contract. 4.ignore Abel because it has nothing to do with Charlie.