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12 Cards in this Set

  • Front
  • Back
minor
person who is under the age of majority (usually 18); contracts made by minors are voidable at guardian's opinion almost without exception (executory or executed)
liability on contracts
minor's contracts are voidable at minor's opinion
disaffirmance
avoidance of the contract; may be done during minority and for a reasonable time after reaching majority (cannot disaffirm sale of land until after reaching majority)
courts' ruling on duty upon disaffirmance
most hold that any property received by other party must be returned, in any condition; some require payment of reasonable amount for use or depreciation of property; few require minors to make restitution (put other party in same position as before contract)
ratification
affirmation of the entire contract; may be done upon reaching age of majority (contract becomes binding from beginning, as if it was valid from its inception); can be express, implied, or through failure to make a timely disaffirmance
liability for necessities
a minor is liable for the reasonable value of necessary times (those that reasonably supply a person's needs), but has the option of disaffirming contracts if items have not been used/consumed (executory contracts)
liability for misrepresentation of age
most courts say minors can still disaffirm the contract even if they fraudulently misrepresent their age; some courts prohibit disaffirmance if the adult reasonably relied on disaffirmance; a few others will require restitution or allow tort damages to be recovered
liability for tort connected with contract
if a tort and a contract are so intertwined that to enforce the tort the court must enforce the contract, the minor is not liable in tort
incompetent persons
persons under guardianship, mental illness or defect, and intoxicated persons
person under guardianship
contracts made by a person placed under guardianship by court order are void
mental illness or defect
if a personal lacks the necessary level of mental capacity (are mentally incompetent) then the agreement is voidable
intoxicated persons
if person cannot understand the nature and consequence of her actions or is unable to act in a reasonable manner, the contract is voidable (may be ratified if intoxicated person regains capacity)