Leb.pp.14(capacity)

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Unformatted text preview: c education i. Not: jjewelry, TV, dance lessons, Not ewelry, liquor liquor b. Car? Generally, not a necessity Minors Minors 2. “Necessaries” Contracts 2. c. Rule: Minor can disaffirm, but: Rule Minor disaffirm liable for “reasonable value” liable of items actually used based actually on quasi-contract theory quasi-contract (prevent unjust enrichment) Minors Minors Types of Contracts 3. Contracts involving misrepresentation of 3. age age * Minor can disaffirm only if no loss to only other party Minors Minors Topheavy Studios v. Doe A party seeking to prevent a minor from party prevent disaffirming a contract must show: disaffirming (1) minor misrepresented his/her age misrepresented (2) minor intended for other party to (2) intended rely on misrepresentation, and rely (3) other party was injured as a result injured of actual and justifiable reliance actual Minors Minors Contracts that Cannot be Disaffirmed (1) Marriage (2) Enlistment (3) Student Loans (4) Bank Accounts (5) Life Insurance (6) Common Carriers (6) Insane Persons Insane Adjudicated Contract is void (never valid) Contract void Necessaries Can disaffirm (but liable for “reasonable Can disaffirm value” of items actually used if contract fair value of if fair and other party not aware of not incompetency) incompetency) Insane Persons Insane Ordinary Contracts * Can disaffirm but, in Texas, must Can disaffirm make other party whole (unless other make party acte...
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This note was uploaded on 01/28/2013 for the course LEB 03205 taught by Professor Pederson during the Spring '11 term at University of Texas at Austin.

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