BLAW 2301 Lecture Notes - Lecture 11: Puffery, Rescission
Document Summary
Exception: necessaries: a necessary is something essential to the minor"s life and welfare, on a contract necessaries, a minor must pay for the value of the benefit received. If you don"t stay there, but have an apartment to party. Still won"t be a necessary, therefore can get money back. Exception: misrepresentation of age: no clear rule among the states, some will allow minor who lied about age to disaffirm, some will not. Can"t lie about being a minor then void a contract. When one party is so intoxicated that he cannot understand the nature and consequences of the transaction, the contract is voidable. A mentally infirm party who seeks to void a contract must make restitution. Fraud: an injured person must show the following, element one: intentional or reckless misrepresentation of fact. Does not have to be a lie. An opinion is not a statement of fact.
