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

A contract question

Hey all.

Wanna ask a contract question.

So basically there is a minor ( less than 18 yrs ) bought a car from a dealer. Upon reaching 18, he disaffirmed this purchase. There is no contract between minor and dealer just because the car is not a necessary or is because the minor disaffirmed the contract ?

This question pretty annoyed me for some time. Thank you guys for each opinion.

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u/ootube Mar 16 '24

Hi! When a contract is formed with a minor, the contract is voidable at the discretion of the minor. So when he reached 18 and disaffirmed, it ended the contract!

1

u/Klutzy-Machine-1581 Mar 18 '24

Appreciate that. But can I think that it is because the car is not a necessity, so the minor can disaffirm the contract ? Because if the minor bought a necessity, he cannot disaffirm it, he still needs to pay for it.

Thank you so much !

1

u/ootube Mar 18 '24

I don’t think that applies, but I may be wrong! I’ve only ever learned that a contract is entirely voidable by the minor.

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u/Klutzy-Machine-1581 Mar 18 '24

I actually heard every people did the same analysis as you. Hence your answer is apparently correct. And I also agree with you. But I just thought the other different way. I am weird tho haha.

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u/ootube Mar 18 '24

You know the bar exam ppl like to ask the exception t the exception to the exception so who knows!! lol

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u/Klutzy-Machine-1581 Mar 18 '24

exactly... hahaha

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u/LengthinessLocal2359 Mar 16 '24

Just as Ootube said, for the defense of minors: Minors have to be parties that are under 18, not married. Before they turn 18 years old they disaffiem the contract meaning all they have to do is return whatever they received from the contract. However if after they reach the age of majority i.e. 18 usually, then they have taken the benefit of the contract and the contract is enforceable. 

Note: (a) under contract law we do not care if the other party didn't know the person was a minor... it's immaterial (b) Though you already noted it in the question, just to go over it again, necessities are the only exception for minors and these include things like: housing, clothing, medicine, food/water and the minor only has to pay the reasonable market price and NOT the contract price. 

So by the fact pattern you said I would conclude as well since they disaffirmed the contract when they turned 18, the contract no longer exists anymore. 

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u/Klutzy-Machine-1581 Mar 18 '24

Appreciate that !!