b. What arguments would support Shrader’s position that the contract is not voidable?
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Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. Joseph Eugene Dodson, age sixteen, purchased a used pickup truck from Burns and Mary Shrader. The Shraders owned and operated Shrader’s Auto Sales. Dodson paid $14,900 in cash for the truck. At the time of sale, the Shraders did not question Dodson’s age, but thought he was eighteen or nineteen. Dodson made no misrepresentation concerning his age. Nine months after the date of purchase, the truck began to develop mechanical problems. A mechanic diagnosed the problem as a burnt valve but could not be certain. Dodson, who could not afford the repairs, continued to drive the truck until one month later, when the engine “blew up.” Dodson parked the vehicle in the front yard of his parents’ home and contacted the Shraders to rescind the purchase of the truck and to request a full refund. |
Part A
Explanation
Individual D was a minor, who purchased a truck from a reseller. The truck broke down after a period and Individual D is asking for a refund. The following support the argument:
Individual D has purchased a truck and as a minor, they have the right to reject the agreement. In this case, Individual D may reject the agreement and ask the seller to return the investment on the truck.
Individual D may claim that the sold truck was defective and could have endangered Individual D's life. So, Individual D may claim the product to be at fault.
Verified Answer
Individual D, a minor who purchased the truck from a seller may be right and the following reasons support the argument:
Disaffirmance
Product sold was defective
'
Explanation
The following points can be argued from the side of the seller:
The seller may claim that the buyer did not reveal their age; the seller may not have sold the truck to the minor if the seller knew of the buyer’s age. So, the seller may say that the buyer did not reveal their age.
The seller may say that the truck was fine during the process of selling. The seller may claim that the product was damaged by the buyer for the purpose of getting the compensation.
These points may support the seller’s point of view.
Verified Answer
The following arguments may support the side of the seller of the truck:
Did not reveal the age.
Product sold was not defective.
Explanation
The seller's side is going to be supported due to the following reasons:
The buyer, Individual D, did not reveal their age; Individual D did not reveal that they are a minor during the purchase of the truck. The seller may not sell the truck to an individual, who has not gained the age of maturity. This reason supports the seller.
The seller has a business of selling and purchasing trucks. The seller may claim that the truck did not have any fault, as it is the business of the seller and if the seller starts selling faulty products, it may affect the seller's whole business.
Verified Answer
The seller's side is going to prevail because of the following reasons:
Age of the buyer.
No faulty in the product.
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