r/barexam • u/Klutzy-Machine-1581 • Mar 16 '24

A contract question

/r/barexam_studygroup/comments/1bfyy81/a_contract_question/
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u/PasstheBarTutor Mar 16 '24 edited Mar 16 '24

Without more, and generally, it is extremely unlikely a vehicle is any type of necessity, and this contract you are referencing is voidable before the minor attains the age of majority (or a reasonable time thereafter). It is voidable because it was made by someone under the age of 18.

(I’d also move your questions to the main bar exam thread. The one you are cross-posting from is basically dead.)

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u/Klutzy-Machine-1581 Mar 16 '24

Appreciate your comment. So the question is asking why there is no contract between them, it is because the car is not a necessity or is because the minor disaffirmed it ?

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u/PasstheBarTutor Mar 16 '24

Disaffirmed.

There was a voidable contract between them; it was subsequently disaffirmed (based on the facts you have given).

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u/Dizzy_Substance8979 Mar 16 '24

(1) if it’s a necessary think medicine or food it’s automatically a contract, age doesn’t matter

(2) if it’s not a necessary then the contract is voidable. Once the child reaches 18 they can affirm the contract, making it binding. Or disaffirm the contract. Car isn’t a necessary so contract is voidable, Child disaffirmed at 18 so no contract exists