Exam 11: Capacity

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Restitution is the legal avoidance, or setting aside, of a contractual obligation.

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False

Rosa, a seventeen-year-old, signs a contract to sell her car to Stan. Later, Rosa decides not to sell the car. Rosa is liable to Stan for

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D

Contracts entered into by mentally incompetent persons may be disaffirmed.

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If a person has been adjudged mentally incompetent by a court, any contract made by the party is void.

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Ruth, a minor, enters into a contract to work for Sales Call Center by misrepresenting her age to be twenty-one. In most states, Ruth can

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A party may have the capacity to enter into a valid contract but also have the right to avoid liability under it.

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Parents are not liable for the contracts made by their minor children when the children are acting on their own.

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Steve relinquishes the right to his son Tanner's control, care, custody, and earnings. This act is

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Intoxicated, Odell enters a contract for the sale of her business, Precision Machining, to Quentin for less than its market value. This contract is voidable if, at the time,

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A minor who disaffirms a contract for necessaries is no longer liable for the reasonable value of the goods.

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Businesses do not ordinarily require parents to sign any contract made with a minor.

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Gretchen is adjudged by a court to be mentally incompetent. Gretchen

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Emma, a minor, seeks and engages in employment for Farmland Foods in the manner of an adult. In many states, the employment contract between Emma and Farmland would be

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For a minor to disaffirm a contract, he or she must present the contract to a court.

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If a person was sufficiently intoxicated to lack mental capacity, his or her contracts are void.

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A minor can ordinarily disaffirm a contract at any time during minority but not after coming of age.

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An intoxicated person is liable for the reasonable value of any necessaries he or she receives.

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Cary, a minor, returns a digital music player that he bought from Discount City, which refunds the price. This exchange involves

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Contractual capacity is the legal ability to enter into a contract.

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Floyd, a minor, misrepresents his age when entering into a contract to buy a car from Gas Hogs Inc. Floyd takes possession of the car, but makes no payments on the contract and attempts to disaffirm it. In a growing number of states, Gas Hogs can recover

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