Question

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Scenario: Jane, age 16, buys a motor bike from Carl's Cycle Shop for $400 in January
2015. She used it for a month and then signed a paper in February stating that she ratified
the contract with Carl. Jane continue to use the bike for three more months before taking
it back to Carl's Cycle Shop in May claiming it was too slow and she just did not like riding
anymore. Jane demanded the return of her $400, even though she had worn down the
tires and tore the seat. According to the majority view, explain whether Jane can get her
money back from Carl without accounting for the wear and tear on the motor bike?
According to the modern view, explain what is likely to happen?
, identify the rules of law associated with
(a) a minor's ability to enter into a contract,
(b) a minor's ability to disaffirm a contract, and
(c) a minor's obligations upon disaffirmance.

Answer 1

Jane cannot get her money back without accounting for the wear and tear on the motorbike according to the majority view. In the modern view, it is likely that she will not get her money back without accounting for the wear and tear. Minors have limited ability to enter into contracts and can disaffirm them, but they may be required to return goods received under the contract.

Step-by-step explanation:

In the majority view, Jane cannot get her money back from Carl without accounting for the wear and tear on the motorbike. This is because a minor's ability to enter into a contract is generally limited. Minors have the right to disaffirm or avoid a contract they entered into while they were still a minor. However, upon disaffirming the contract, a minor is generally required to return the goods in the same condition in which they received them.In the modern view, it is likely that Jane will not be able to get her money back without accounting for the wear and tear. Courts now recognize that minors should bear some responsibility for their actions and that it would be unfair to allow a minor to benefit from a contract while avoiding any obligations. Therefore, if Jane disaffirms the contract, she will likely be required to return the motorbike in its current condition.

The rules of law associated with a minor's ability to enter into a contract are based on the principle of protecting the minor's best interests. Minors are generally considered to lack the legal capacity to enter into binding contracts. However, there are some exceptions to this rule, such as contracts for necessities or contracts where the minor has lied about their age.A minor's ability to disaffirm a contract means they have the option to avoid or cancel the contract. This allows the minor to be released from any obligations under the contract, such as paying for goods or services.

Upon disaffirmance, a minor's obligations vary depending on the jurisdiction and the specific circumstances of the contract. In general, the minor is required to return any goods or property received under the contract, but they may not be held responsible for any damage or wear and tear that occurred while using the goods.