BL 260 Chapter Notes - Chapter 14: Lift Ticket
Document Summary
The adult party is bound, but the minor can choose to avoid the contract: minors, intoxication, mental incompetence. Key issue: must be able to understand legal consequences of entering contract (understanding of both parties) If someone does understand in what it means to enter into a contract, then they are not held to that contract. General rule: minors can enter into any legal contract. But it is voidable at the minor"s option. Minor can disaffirm during minority, and for a reasonable time after emancipation (turns 18) Disaffirmance can be expressed or implied (words or actions) Majority rule: minor can return the good even if damaged and obtain full refund. Minority rule: minor pays for any damages or wear and tear. *draw a bright line: if under 18 you are deemed not to have contractual capacity; 18 or over deemed to have contractual capacity. There are many minors that understand the concepts of a contract, but the law does not care.
