notecards 2 - Side One Who is a minor Minor’s power to...

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Side One Side Two Who is a minor? The day before the birthday rule is still follow. 18 years old. Minor’s power to avoid contracts A minor can disaffirm a contract only during minority and a reasonable time after attaining majority. Generally the fact that the minor misrepresented her age does not after the minors power to disaffirm the contract. Status quo ante Original positions of the parties. Necessaries Things indispensable or absolutely necessary for the sustenance of human life. Extend to food, clothing, and lodging. Generally to things relating to the health, education, and comfort of the minor.
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Side One Side Two Liability of Parent or Guardian When a third person supplies the parents or guardian of a minor with goods or services that the minor needs the minor is not held liable for the necessaries but the contract is with the parents/guardian. Contracts that minors cannot avoid Educational loan Contract for medical care Contract made while running a business Contract approved by the court Contract made in performance of legal duty Contract relating to bank accounts, insurance policies, or corporate stock. Mentally Incompetent Persons Person w/ mental disorder may be disable as to lack capacity to make a contract.(lacks contractual capacity) Can avoid contract in same manner as a minor. A mentally incompetent person or his estate is liable for the reasonable value of all necessaries furnished that individual. Intoxicated Persons The capacity of a party to contract and the validity of the contract are not affected by the party being impaired by alcohol at the time of the contract as long as they knew it was being made.
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