Adrew Kavovit PC7 Brief

Adrew Kavovit PC7 Brief - paid 15 percent commission ....

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Andrew Kavovit v. Scott Eden (PC7 p391) Issue Can Andrew disaffirm his contract with Scott Eden? Rule Contract 1)Offer 2)Acceptance 3)Consideration Capacity - the ability to incur legal obligations and acquire legal rights. Disaffirmance - the right by a minor to avoid a contract. -Exception to the Minor's right to disaffirm (contracts to employ a child actor) Ratification - affirms the contract and surrenders the right to avoid. Application Andrew argues that in 1984, he was 12 years old and did not have capacity to enter into contract with Scott Eden. As granted to minors such as Andrew, he is able to disaffirm his contract with Scott Eden and stop further payments. Since Andrew has been paying Scott and Scott had been performing as agreed up until the term of disaffirmance on Feb 4, 1989 there is no restitution to be made. Andrew was working as a child actor in "As the World Turns" and Scot Eden was being
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Unformatted text preview: paid 15 percent commission . Scott argues that Andrew was a minor, but his guardians in this case the parents was the ones who entered into contract with Scott Eden giving them capacity to form a contract. Scott argues that since this was a contract to employ a child actor, in this case Andrew to play in As the World Turns from December 28,1987 to December 28, 1990, Andrew may not disaffirm his contract as per the exception. Scott has no arguments, as both parties had been performing to the contract agreements. Conclusion No Andrew may not disaffirm his contract with Scott Eden because all of the elements were not met. Andrews guardians gave capacity to enter into a contract and as per the contract to employ a child actor allows an exception to the disaffirmance rights afforded to a minor....
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