Question Capacity and Legality: Bill is selling his 2002 Toyota for $3,000. Bill
ID: 2723966 • Letter: Q
Question
Question
Capacity and Legality: Bill is selling his 2002 Toyota for $3,000. Bill's car is parked in his driveway with a 4-sale sign on it opposite LA City College. John approaches Bill and tells him he would like to take it for a ride and then if he likes it, John will buy it. Bill asks John if he has a driver's license? John shows him his license and then takes the car for a test drive. John buys the car from Bill. About six (6) months later John comes to Bill's house and requests that Bill give him his money back. The car now has a few dents in it and about 10,000 additional mileage. As it turns out, John is only 17 years old. Had Bill looked closely at John's driver's license perhaps he would have realized that! Question: Does Bill have to return John the $3,000? What does the Majority Rule (Most states in U,S,A.) have to say about this? Discuss!
Questions:
(A) Does Bill have to return John the $3,000? - Discuss! 35%
(B) What does the Majority Rule (Most states in U,S,A.) have to say about this? - Discuss! 20%
(C) Are there Exceptions to the Rule regarding minors making purchases - carefully list any and all exceptions? Discuss! 30%
(15% for your participation in the DISCUSSION of this question = 100%)
Answer each question - A,B,C separately - DO NOT bunch the answers into one run-on paragraph.
Please ASAP
Explanation / Answer
A).Yes Bill has to return the money---as per law Contract by a minor
When a minor avoids a contract, there are certain rules of law regarding the effect on any property received by the minor under the contract. If the minor still has what he received from the other party, he must return it to the other party upon seeking to avoid the contract. If he does not return the property in such a situation, he cannot avoid the contract. If the minor cannot return what he has received pursuant to the contract because it has been spent, damaged or destroyed, he still can avoid the contract. He can avoid the contract and is only required to return that part of the consideration he still has. Even if he has nothing left, or what he has is damaged property, he still can avoid the contract
B).A minor is a person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18. Until a minor reaches the legal age of adulthood, he or she may not be responsible for his/her own actions (including the capacity to enter into a contract which is enforceable by the other party), for damages for negligence or intentional wrongs without a parent being liable, nor for punishment as an adult for a crime. The national legal age for drinking or buying alcoholic beverages is 21. Marriage with or without parental consent, driving, prosecution for crimes, the right to choose an abortion and liability for damages vary from state to state.
c).A contract, otherwise valid, entered into by a minor, cannot be disaffirmed because of the minor's minority if the contract is to pay the reasonable value of necessaries. The meaning of the term "necessaries" depends on the facts of the individual case. It depends on many things, including the particular circumstances of the minor, the actual need, and the use to which the purchased article is to be put. However, the common-law classification of necessaries as including food, lodging, clothing, medicine, medical attention, and education is generally recognized to the extent such items are suited to the minor's social position and situation in life, even though such items are not absolutely needed.In most states, if a minor turns 18 and hasn't done anything to void the contract, then the contract can no longer be voided.