Buick on October 5, the date when the Buick was returned to Keser. Is this legally correct? Do you agree? Why or why not?
On June 11, Chagnon bought a used Buick from Keser for $9,950. Chagnon, who was then a minor, obtained the contract by falsely advising Keser that he was over the age of majority. On September 25, two months and four days after reaching his majority, Chagnon disaffirmed the contract and, ten days later, returned the Buick to Keser. He then brought suit to recover the money he had paid for the automobile. Keser counterclaimed that he suffered damages as the direct result of Chagnon’s false representation of his age. A trial was brought to the court, sitting without a jury, all of which culminated in a judgment in favor of Chagnon against Keser in the sum of $6,557.80. This particular sum was arrived at by the trial court in the following manner: the trial court found that Chagnon initially purchased the Buick for the sum of $9,950 and that he was entitled to the return of his $9,950; and then, by way of setoff, the trial court subtracted from the $9,950 the sum of $3,392.20, apparently representing the difference between the purchase price paid for the vehicle and the reasonable value of the Buick on October 5, the date when the Buick was returned to Keser. Is this legally correct? Do you agree? Why or why not?
Evidences to support the opinion are as follows:
Considering that the judgement is right: Though Individual C has falsely represented their age, Individual C still has the right to disaffirm. Individual C has disaffirmed within the reasonable time, which is two months. A minor can disaffirm the contract at any reasonable time after attaining majority. The valuation calculated for the usage of automobile shows fairness in giving the judgement in favor of Individual K.
Considering the judgement is wrong: Individual C has misrepresented the age as major and Individual K has transacted the contract on the basis of good faith by relying on the stated age of the buyer, that is, Individual C. The damages caused to Individual K due to the false representation should be compensated.
The probable answers for the solution are as follows:
A person might agree that the judgement is right.
A person might disagree that the judgement is right.