Exam 14: Contractual Capacity

Courts treat contracts of incompetents and intoxicated persons essentially the same,except they are stricter with intoxicated persons because of intoxication's voluntary nature.

John is 17 years old and earns extra money by repairing cars.Nathan,who is 21,brings his car to John for repairs,and John ruins the brake system of the car because of his inexperience.If Nathan sues John for negligence in performing the auto repair contract,in most states John will have no liability,because the tort of negligence and the auto repair contract are connected.

Which of the following is not true regarding the contracts of intoxicated persons?

Disaffirmance may be express,but it may not be implied.

Sixteen-year-old Trevor has run out of money while on a trip away from home.Mr.& Mrs.Height provide Trevor with food,a place to sleep,and bus fare home in exchange for Trevor's promise to send them $200 when he gets home.Is Trevor's promise enforceable?

Chloe,age 16,sold Mark,age 22,the briefcase she got for her birthday.Mark's father liked it and bought it from him.If Chloe decides to disaffirm the contract,will Mark's father have to return the briefcase to her?

Anna is 88 years old and under the legal guardianship of her daughter.One day Anna receives a telephone call from a health insurance salesman and purchases a $400-a-month Medigap insurance policy.This contract is:

Which of the following is not true regarding the contracts of incompetent persons?

In general,a minor may only disaffirm a contract after he has reached the age of majority.