Question 1

In the Zelnick v.Adams case, the Supreme Court of Virginia found:

Accepted Answer

A) the trial court correctly granted summary judgment, ruling the contingency fee agreement was not binding because Jonathan was a minor when the contract was executed. 
B) the case must be remanded for further proceedings, including the taking of evidence on the issue of the factual determination of necessity under all of the circumstances. 
C) when faced with a defense of infancy, a court has an initial duty to determine, as a matter of fact, whether the things supplied to the infant under a contract were in the general class of "necessaries." 
D) Both (b) and (c). 
A) the trial court correctly granted summary judgment, ruling the contingency fee agreement was not binding because Jonathan was a minor when the contract was executed. 
B) the case must be remanded for further proceedings, including the taking of evidence on the issue of the factual determination of necessity under all of the circumstances. 
C) when faced with a defense of infancy, a court has an initial duty to determine, as a matter of fact, whether the things supplied to the infant under a contract were in the general class of "necessaries." 
D) Both (b) and (c).

Question 2

Everyone is regarded as having contractual capacity unless the law, for public policy reasons, holds that the individual lacks such capacity.

Accepted Answer

A) True 
 B)False

Question 3

In Berg v.Traylor, the court stated that:

Accepted Answer

A) Craig was not entitled to disaffirm the agreement in question. 
B) while no specific language is required to communicate an intent to disaffirm, express notice to the other party is necessary. 
C) disaffirmance of an agreement by a minor does not operate to terminate the contractual obligations of the parent who signed the agreement. 
D) None of the above. 
A) Craig was not entitled to disaffirm the agreement in question. 
B) while no specific language is required to communicate an intent to disaffirm, express notice to the other party is necessary. 
C) disaffirmance of an agreement by a minor does not operate to terminate the contractual obligations of the parent who signed the agreement. 
D) None of the above.

Question 4

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

Accepted Answer

A) True 
 B)False

Question 5

Tim, who is a minor, enters into a contract with Violet, who is an adult.Which of the following is correct?

Accepted Answer

A) Violet may not disaffirm the contract. 
B) Violet may disaffirm the contract at any time. 
C) Violet may disaffirm the contract when Tim becomes an adult. 
D) Tim may ratify the contract at any time during his minority. 
A) Violet may not disaffirm the contract. 
B) Violet may disaffirm the contract at any time. 
C) Violet may disaffirm the contract when Tim becomes an adult. 
D) Tim may ratify the contract at any time during his minority.

Question 6

Emancipated minors have no ability to avoid contracts based upon their minority.

Accepted Answer

A) True 
 B)False

Question 7

Discuss a minor's duty to a seller upon disaffirmance of a contract for the sale of goods.

Accepted Answer

Courts do not agree on how to handle a m

Question 8

Natalie, age 17, rented a power washer and while using the machine, she negligently damaged it beyond repair.Under the majority view, the rental company can successfully sue Natalie for damages on a tort theory of negligence since it is well settled that minors are liable for their torts.

Accepted Answer

A) True 
 B)False

Question 9

If Carrie, age 14, contracted to buy a fur coat by mail, the coat manufacturer would not have to send it since the contract was void.

Accepted Answer

A) True 
 B)False

Question 10

An automobile will never be considered be a necessary item for a minor.

Accepted Answer

A) True 
 B)False

Question 11

The case of In Re The Score Board, Inc.involved the issue of:

Accepted Answer

A) a minor's liability for misrepresentation of age. 
B) whether an incompetent person's contracts are void or voidable. 
C) ratification of a contract upon attaining majority. 
D) liability for necessaries. 
A) a minor's liability for misrepresentation of age. 
B) whether an incompetent person's contracts are void or voidable. 
C) ratification of a contract upon attaining majority. 
D) liability for necessaries.

Question 12

Contractual incapacity excuses a minor from an obligation to pay for necessaries.

Accepted Answer

A) True 
 B)False

Question 13

Sally goes away to college at 17, lives on her own and pays her own rent and electric bills.If she makes a contract to buy a television set, in most jurisdictions, she may assert her minority status and set aside the contract.

Accepted Answer

A) True 
 B)False

Question 14

Robert Briscoe is 17 years old.He lies to Bouyers Auto in order to induce them to sell him a new pickup truck.Bouyers falls for this lie and sells him the pickup.Under the prevailing view, which of the following is correct?

Accepted Answer

A) Robert may disaffirm and get his money back. 
B) Robert may not disaffirm since he lied. 
C) Robert may only receive a portion of his money. 
D) Robert will receive his money less depreciation. 
A) Robert may disaffirm and get his money back. 
B) Robert may not disaffirm since he lied. 
C) Robert may only receive a portion of his money. 
D) Robert will receive his money less depreciation.

Question 15

Discuss the effect of a court's declaring someone incompetent and appointing a guardian.

Accepted Answer

The effect of a court's declaring a pers

Exam 14: Contractual Capacity

In the Zelnick v.Adams case, the Supreme Court of Virginia found:

Everyone is regarded as having contractual capacity unless the law, for public policy reasons, holds that the individual lacks such capacity.

In Berg v.Traylor, the court stated that:

Tim, who is a minor, enters into a contract with Violet, who is an adult.Which of the following is correct?

Emancipated minors have no ability to avoid contracts based upon their minority.

Discuss a minor's duty to a seller upon disaffirmance of a contract for the sale of goods.

Natalie, age 17, rented a power washer and while using the machine, she negligently damaged it beyond repair.Under the majority view, the rental company can successfully sue Natalie for damages on a tort theory of negligence since it is well settled that minors are liable for their torts.

If Carrie, age 14, contracted to buy a fur coat by mail, the coat manufacturer would not have to send it since the contract was void.

An automobile will never be considered be a necessary item for a minor.

The case of In Re The Score Board, Inc.involved the issue of:

Contractual incapacity excuses a minor from an obligation to pay for necessaries.

Sally goes away to college at 17, lives on her own and pays her own rent and electric bills.If she makes a contract to buy a television set, in most jurisdictions, she may assert her minority status and set aside the contract.

Robert Briscoe is 17 years old.He lies to Bouyers Auto in order to induce them to sell him a new pickup truck.Bouyers falls for this lie and sells him the pickup.Under the prevailing view, which of the following is correct?

Discuss the effect of a court's declaring someone incompetent and appointing a guardian.

Introduction to Law

Business Ethics

Civil Dispute Resolution

Constitutional Law

Administrative Law

Criminal Law

Intentional Torts

Negligence and Strict Liability

Introduction to Contracts

Mutual Assent

Conduct Invalidating Assent

Consideration

Illegal Bargains

Contracts in Writing

Third Parties to Contracts

Performance, Breach, and Discharge

Contract Remedies

Introduction to Sales and Leases

Performance

Transfer of Title and Risk of Loss

Product Liability: Warranties and Strict Liability

Sales Remedies

Form and Content

Transfer

Holder in Due Course

Liability of Parties

Bank Deposits, Collections, and Funds Transfers

Relationship of Principal and Agent

Relationship With Third Parties

Formation and Internal Relations of General Partnerships

Operation and Dissolution of General Partnerships

Limited Partnerships and Limited Liability Companies

Nature and Formation of Corporations

Financial Structure of Corporations

Management Structure of Corporations

Fundamental Changes of Corporations

Secured Transactions and Suretyship

Bankruptcy

Securities Regulation

Intellectual Property

Employment Law

Antitrust

Accountants Legal Liability

Consumer Protection

Environmental Law

International Business Law

Introduction to Property, Property Insurance, Bailments, and Documents of Title

Interests in Real Property

Transfer and Control of Real Property

Trusts and Wills

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