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United States (204,478)
LPP 255 (13)
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Chapter 13

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Syracuse University
Law & Public Policy
LPP 255

CHAPTER 13 Contractual Capacity • Minors o The age of the majority (when a person is no longer a minor) is 18 years old o Termination of minority  Some states is marriage  Emancipation- a child’s parent or legal guardian relinquishes the legal right to exercise control of the child  Aminor can petition a court to be treated as an adult o Aminor can enter into any contract an adult can provided the contract is not prohibited by law for minors  Acontract entered into by a minor, is voidable at the option of that minor • Minor needs to manifest intention not to be bound by it  MINORS RIGHT TO DISAFFIRM • Disaffirmance= legal avoidance or setting aside of a contractual obligation o Minor must express intent through words or conduct not to be bound in the contract  Must disaffirm the entire contact, not a portion of it  Can be disaffirmed any time during minority or a reasonable time after majority • 2 months  Acourt will hold the contract ratified if an individual fails to disaffirm in a reasonable amount of time after majority • Most states say that a minor need only to return the goods and they are entitled to disaffirm o Some courts hold the minor responsible for damage • Contracts to marriage, enlist cannot be avoided o Misrepresentation of age o Necessaries= whatever is reasonably needed to maintain the minors standard of living  Contract of necessaries must have • 1. The item contracted must be necessary for the minors subsistence • 2. The value of the necessary item must be appropriate to maintain the minors standard of living • 3. The minor must not be under the care of a parent or guardian who is required to supply this item o Unless these 3 are met, the minor can disaffirm the contract without being liable for the reasonable value of the goods used o Ratification  Accepting and giving legal force to an obligation that previously was not enforceable  Aminor who reached the age of majority can ratify a contract expressively or impliedly • Express ratification= the individual upon reaching age, states orally or in writing that he or she intends to be bound by the contract • Implied ratification= take place when the minor on reaching age, indicates an intent to abide by the contract o Generally, parents are not liable for contracts made by children as minors acting on their own  Businesses often require parents to sign • Intoxication o Condition in wh
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