INFANCY Flashcards
Classic Rule of INFANCY
Minor Can Dissafirm During Minority, or
within a REASONABLE TIME AFTER ATTAINING MAJORITY AGE.
- NO RESITUTION TO SELLER, except in cases of INTENTIONAL OR WILLFUL destruction of property.
MODERN RULE (DEPRECIATION)
MINOR MAY DISSAFFIRM, but
- refund purchase price will be subject to deduction of reasonable use, depreciation and willful negligent damage.
NECESSARIES
MINOR is LIABLE for:
Food, clothing, medical services, auto if used for business
- BASED ON UNJUST ENRICHMENT>
Ratification
Any distinct and decisive act clearly showing an intention to affirm a contract made during infancy, even if person ratifying is not aware that he or she has the right to disaffirm.
INFANCY DEFENSE
Minor can VOID a CONTRACT until
Day before 18th Birthday.