Asked by Aydee Esparza on May 28, 2024
Verified
Kenny,aged 17 years,11 months,buys a used car on credit.The contract also includes a service agreement obligating the seller to perform certain maintenance on the car for one year.Kenny makes five monthly payments in the five months after he turns 18.In addition,he has the seller service the car on four separate occasions.After making the fifth payment,Kenny announces that he wants to disaffirm,i.e. ,return the car and get back the full price.Can Kenny disaffirm?
Disaffirm
The legal act of renouncing or voiding a contract or agreement, especially used in relation to contracts made by minors.
Service Agreement
A formal contract between a service provider and a client that defines the services to be provided, the terms, and the obligations of both parties.
Used Car
A pre-owned vehicle that has had one or more retail owners before the current buyer.
- Understand the entitlements and duties of minors under contract law.
- Comprehend the procedure and importance of disaffirmance within the realm of contract law.
- Recognize the consequences and obligations that arise after renouncing a contract.
Verified Answer
MP
Michael PetersMay 31, 2024
Final Answer :
It seems unlikely that Kenny can disaffirm.Perhaps one could argue that he disaffirmed within a reasonable time after the age of majority (roughly five or six months).The depreciability of the car,however,renders that argument questionable.More importantly,Kenny most likely ratified before his attempted disaffirmance.He made five payments,and he accepted performance from the seller on four occasions.
Learning Objectives
- Understand the entitlements and duties of minors under contract law.
- Comprehend the procedure and importance of disaffirmance within the realm of contract law.
- Recognize the consequences and obligations that arise after renouncing a contract.