BUS311_chapter_05

Example510cassandraslandlordcomestoherdoortoaskifshein

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Unformatted text preview: nd his family home locked up and deserted. None of his friends are around, so he goes to a hotel for a few nights. Michael will be held liable for the reasonable value of staying in the hotel, since shelter was a necessity for him and he had to provide it for himself. What constitutes a necessity depends in part on the facts of each case. If a minor’s parents are willing to provide him with housing, an apartment is not a necessity for the minor, even if he would prefer to have his own place. On the other hand, if the minor is an orphan and must provide his own housing, the apartment would be deemed a reasonable necessity. If a minor needs a job to help support herself and her family, and she cannot reach work without a car, the car is a necessity. But if she could have just as easily walked or ridden her bike to work, the car is not a necessity, and she would not be liable in quasi contract if she disaffirms the contract for the car. Capacity and Mental Incompetence To have a valid contract, both parties, at the time the contract is made, must have sufficient mental competency to understand the nature and circumst...
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