Asked by Riyan George on Jul 27, 2024
Verified
Doug, the 17-year-old brother of a friend of yours, bought your old car from you three months ago to get him to and from his new job. He needed a car because there was no public transportation in that area. You agreed to let him pay in 36 monthly installments of $200, but he has paid you only once so far. Yesterday, you asked him to pay up and he told you he had spent all he had earned. When you told him you would have to take him to court, he said that an adult cannot sue a minor on a contract. Today, a tow truck left the remains of the car in your driveway; it had been so badly damaged in an accident that was Doug's fault that it was a write-off. A note on the windshield said "Your car doesn't run too well, but I won't sue. Let's call it quits. Best wishes, Doug." Under your contract he was to have insured the car, but he did not.
a. Discuss whether you have any recourse against Doug.
b. If Doug had bought the car, simply for normal driving, would your answer be any different, and why or why not?
Insured
A person or entity covered under an insurance policy, providing protection against loss or damage specified in the policy terms.
Contract
A contract is a legally binding agreement between two or more parties that specifies their obligations and the consequences for failing to fulfill those obligations.
Accident
An unplanned, unforeseen event causing damage or injury.
- Identify the differences between contracts deemed void, voidable, and unenforceable.
- Discern the privileges and liabilities of minors in contractual relationships.
- Elucidate the consequences of inebriation, cognitive incompetence, and insolvency on an individual's ability to enter into contracts.
Verified Answer
RG
Robert GibsonJul 28, 2024
Final Answer :
a. This is an executor contract for a necessary, so Doug as a minor can be held to it. Since he has not paid, he is in breach of the contract and can be sued. He must take responsibility for the payments for the damaged car.
b. If he does not need the car to go to and from work, it is not a necessary and he therefore is not liable, as a general rule, if he chooses to repudiate the contract. He is, however, required to return the goods in whatever condition they are in and this he has done. You cannot sue him in tort for the damage because you clearly expected him to drive the car and had required him to have insurance, so you contemplated that there might be damage. You would be trying to recover the payments not made, a contractual matter, through the use of a tort action and this the court will not allow.
b. If he does not need the car to go to and from work, it is not a necessary and he therefore is not liable, as a general rule, if he chooses to repudiate the contract. He is, however, required to return the goods in whatever condition they are in and this he has done. You cannot sue him in tort for the damage because you clearly expected him to drive the car and had required him to have insurance, so you contemplated that there might be damage. You would be trying to recover the payments not made, a contractual matter, through the use of a tort action and this the court will not allow.
Learning Objectives
- Identify the differences between contracts deemed void, voidable, and unenforceable.
- Discern the privileges and liabilities of minors in contractual relationships.
- Elucidate the consequences of inebriation, cognitive incompetence, and insolvency on an individual's ability to enter into contracts.