case_14-1 - contract since they can’t understand its...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Cody Shaw Case 14-1 Facts: 16 year old Joseph Dodson purchased a pickup truck from Burns and Mary Schrader for $4900 The truck developed mechanical problems 9 months after he purchased it. A month after that the engine “blew up” because Dodson either did not want or did not have the money to pay for it to be fixed He asked for a full refund, but they refused Issue: Is the minor entitled to a full refund of the money he paid or whether the seller is entitled to a set off for the decrease in value of the truck while it was in the minors possession Law: The modern law is that contracts of infants aren’t void and are subject to be disaffirmed. However under stare decisis, the minor willingly is not held liable for the signing of the
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: contract since they can’t understand its meaning. • Now, minors are allowed to sign contracts in Tennessee as long as they are fair and don’t involve trickery, but if they want to break the contract, the minor is held liable paying for the use of the item or product. Decision: • Court of appeals affirmed the trial court decision and made the Shraders pay $4900 (cost of the truck) • Case is remanded to the trial court for further proceedings with the judgement Why: • Majority rule: based on “infancy doctrine,” gives minors protection from their lack of judgment with their finances from adults in the marketplace who are trying to take advantage of them...
View Full Document

This note was uploaded on 02/15/2012 for the course BLAW 1310 taught by Professor Hale during the Fall '11 term at Texas State.

Ask a homework question - tutors are online