Exam 9: Capacity

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Minors are liable in a quasi contract for the reasonable value of any necessaries furnished to them.

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Todd, an emancipated minor, rented an apartment from Baker at $300 a month. At the end of a year, Todd moved out without paying the last two months' rent. Todd claimed that since he was a minor, he was not liable for the $600. Was he correct?

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Ratification of a contract by a minor cannot be implied.

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The right of a minor or other incompetent party to avoid a contract is called ____________________.

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After a minor reaches the legal age of majority, he or she may disaffirm an executed contract for a luxury made while a minor only if he or she

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A(n) ____________________ is an adult appointed by the courts to have custody and care of an incompetent party.

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A contract between an adult and a minor is

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A minor's willingness to be bound by a contract he or she has made is called ____________________.

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In most states (majority rule) a minor may disaffirm a contract even though the consideration received cannot be returned.

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Necessaries include

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An intoxicated person may avoid a contract on becoming sober

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Grasso sold her computer to Robb for $1,500, payable in thirty days. Robb had misrepresented his age as twenty-one when in fact he was only seventeen. At the end of the thirty days, Robb returned the computer and disaffirmed the purchase. Grasso refused to accept the computer and sued Robb for the purchase price. Will Grasso succeed?

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The contracts of mentally ill persons not judged insane by the courts are

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Craven, a minor, sold her exercise bicycle to Franklin, an adult, who resold it to Lavin, a good faith purchaser. Lavin's title to the bicycle is

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Legally declared (by a court) insane persons can be liable for necessaries in quasi-contract.

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A minor may disaffirm a contract

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The minor's obligation to pay for necessaries is based on the theory of quasi contract. This theory protects

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Three months before his 18th birthday, Martin bought a used motorcycle for $3,000 cash. Two years later Martin wanted to disaffirm the contract. May he legally do so?

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In virtually all states a person reaches the age of majority at eighteen for the purpose of making a contract.

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Of the following, the item most likely to be considered a necessary, thus obligating a minor to become liable for payment, is

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