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Unformatted text preview: his type of rule is that it would be unpredictable and almost every case would go to trial on the question of fact of whether the contract was unfair. The general rule that minors can disaffirm at least has the advantage of being easy to apply and it gets rid of many conflicts before they go to trial.
Example 5.1. Mary, age 16, buys a used car from Dan for $3,000. She drives the car for six months, crashes it, has the wreck towed back to Dan’s house, and shows up on his doorstep, demanding her money back.
Can Mary actually get away with this? Yes, she can. She is a minor and she has disaffirmed. When a minor disaffirms, she has the duty to return the consideration in whatever shape it’s in. In exchange, in a majority of jurisdictions, the other party must return the minor’s full consideration. So Dan must give Mary back her $3,000. The law even allows a person to disaffirm within a contract made while a minor within a reasonable time after attaining majority age. If the boy decides he doesn’t like this flavor,
can he get his money back? Once an offer is
accepted, a cont...
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