The car had been used by him to carry on his school, business, and social activities. Can Rose successfully disaffirm the contract? Why or why not?
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Rose, a minor, bought a new Buick Riviera from Sheehan Buick. Seven months later, while still a minor, he attempted to disaffirm the purchase. Sheehan Buick refused to accept the return of the car or to refund the purchase price. Rose, at the time of the purchase, gave all the appearance of being of legal age. The car had been used by him to carry on his school, business, and social activities. Can Rose successfully disaffirm the contract? Why or why not? |
Explanation
Arguments to support the answers:
Based on the liabilities for necessaries, Individual R, though a minor, cannot be discharged from the liability of satisfying a personal need such as buying a car. The car can be considered as necessary object for the minor since Individual R uses the car as mode of transportation for daily activities.
Individual R has misrepresented the age that gives the right to disaffirm a contract. A car is also a luxury product for a minor. The minor can use other modes of public transportation or a cycle. So, the car cannot be liability for Individual R.
Sample Response
The probable answers for the question are as follows:
Individual S has favorable judgement.
Individual R has favorable judgement.
