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Essay / Research Paper Abstract
This 3 page paper is based on a scenario presented by the student. A minor has entered into a contract to buy a car, has lost his job and want to return the car and get his money back. The paper discusses the relevant legal issues, including the status of the contract as voidable, and issues including disaffirming the contract, ratification and restitution. The paper is written with reference to US law. The bibliography cites 1 source.
Page Count:
3 pages (~225 words per page)
File: TS14_TEmincont.rtf
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Unformatted sample text from the term paper:
a car with financing attached and payments of $200 a month Jeff keeps up the payments. However, after 6 month Jeff losses his job and wants to give the cat
back, cancel the contract and get his money back. When Jeff entered into the contract he was still a minor at age 17, the car salesman did not ask him
his age when the car was bought. In general terms for a contract to be valid there are certain requirements, there needs to be a meeting of the minds,
with offer, acceptance and consideration. Furthermore the parties entering into the contract need to be capable of forming a contract. The general position in law is that a minor is
not able to be held to a contract. The age of majority may vary by state, in most states it is 18 years, in some states is may be higher
and there are some potential exceptions, for example, in California it is possible for a minor to enter into a contract for essential items if they are not under the
care of a Guardian (Emanuel, 2006). However, essentials are food and shelter and do not extend to the purchase of a car. Therefore, taking the law at face value
this does not appear to be a valid contract as Jeff had not reached his majority, making this a voidable contract with it being Jeff option to void it. However,
the contract is not void, only voidable. This may be voided by the use of dissafirmance (with the exception of Michigan), either verbally or by conduct, such as not going
through with the contract and defending against breach. This does not mean that the car dealer is not able to make a claim for restitution, there should be the return
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