Avoiding Enforcement Flashcards
(41 cards)
A minor can disaffirm at ___ during minority and a ___ ___ after reaaching majority age
anytime
reasonable time
Under the Modern Rule, K entered into by minors are ____
voidable
The K is legally effective until minor ____
disaffirms
only the minor or the minors ____ can avoid the K
representitive
If the minor wants to disaffirm, what do they have to do with the item in question?
If in possession, return it
If not, no need to return and still entitled to refund
T/F: Minors can disaffirm even if they misrepresent their age
True, but the seller may have a tort remedy
T/F: Minors are entitled to a full refund
True
What is the trend that Prof. Wright wants us to know about allowing a minor to recover?
The trend is that the minors recovery will be offset (deducted) by the depreciation of the item or services
Define ratification
Ratification terminates the ability to disaffirm a K entered into by a minor
How can ratification happen?
By words or conduct (keep item) and only after reaching age of majority
What are the exceptions to a minor being able to avoid enforcement of a K?
Doctrine of necessaries
Statutory exceptions such as child support, adoptions, military, education loans,
Define doctrine of necessaries
Under the D.O.N, A minor will not be able to avoid the enforcement of a K for food, clothing, shelter.
When a minor is emancipated, how are they treated regarding contracts?
They are treated as an adult and liable on K’s as an adult would be
K entered into my mentally incapacitated persons are ____
voidable
To determine is a minority ratified after reaching majority age, what would you look at?
if they ratified in a reasonable time
Define disaffrim
To get out of the K
What is the GR for a mental incapaticated person resciding a K?
The person must be able to show that they were unable to understand the nature and consequences of their actions at the time the K was entered in to
Define duress
Duress is a wrongful or improper act or threat that leaves a party with no reasonable alternative but to acquiesce. Wrongful is unlawful. Improper is unethical or immoral.
K entered into by a mental incapacitated person are ___
voidable
The person hurt by the mentally incompaticiated person must be returned to ____
the status quo, unless the person acted in bad faith to take advantage of the MIncap person
If a person enters in a K when they are mentally incapaticiated, they must disaffirm within a reasonable time of ____
coming into a lucid state
What is the Majortity (Cognitive) Rule for MIncap?
The person lacked the capacity to understand the nature and consequences of conduct at the time of the transaction
What is the minority (Volitional) test for MIncap?
The person was unable to act in a reasonable manner toward the transaction and they other party had reason to know
What are the two remedies for duress?
recission of the K
restore the party to status quo (make them whole again)
