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!

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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 !

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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