contract_slides_for_web_08_part_2

contract_slides_for_web_08_part_2 - Minority General rule...

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Minority General rule : For contracts, a person under 18 may enter into any contract that an adult can [unless it violates a statute]. In order to disaffirm, a minor need only manifest an intention not to be bound.
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Minority, con’t Must disaffirm while a minor or within a reasonable time thereafter. Must return goods still in possession. What, if any damages is the minor responsible for? Malicious/intentional damages Some states impose a duty of restitution See Swalberg v. Hannegan , Case 16-1 Is disaffirmance effective as to a third party?
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Minor CANNOT disaffirm In New York: Contract in connection with business Contract of married couple regarding home Contract for medical care of minor or minor’s child Contract made by parent on minor’s behalf if statute says so See Shields v. Gross Contract for necessities See Young v. Weaver , Case 16-2
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Tests for Mental Incompetence Cognitive test Does he know he is making a contract? Does he know the consequences of the act? Restatement balancing test Is she unable to act reasonably in the transaction, even if she understands it? Does the other party know she can’t act reasonably? Blatt v. Manhattan Medical Group
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Contract Illegality Effect of illegality What is illegal Contract provisions that violate statues Contract provisions that violate public policy
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Effect of illegality General rule: contract void Exceptions [would be voidable ] where statute protects a party
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