Podcast
Questions and Answers
Contracts where the unassisted minor incurs contractual obligations or duties are ___ enforceable.
Contracts where the unassisted minor incurs contractual obligations or duties are ___ enforceable.
NOT
A fraudulent minor is a minor who induces or persuades a party to ___ with them.
A fraudulent minor is a minor who induces or persuades a party to ___ with them.
contract
The misrepresentation by the minor must not be ___ or clear.
The misrepresentation by the minor must not be ___ or clear.
obvious
If an unassisted minor is held liable, then the contract must be ___.
If an unassisted minor is held liable, then the contract must be ___.
Law aims to prevent the unassisted minor from being liable and obtaining any ___ obligations.
Law aims to prevent the unassisted minor from being liable and obtaining any ___ obligations.
Preferred remedy for fraudulent minors is ___ liability.
Preferred remedy for fraudulent minors is ___ liability.
Unjustified enrichment is when one person is enriched by another and there is no justification in law for the ______.
Unjustified enrichment is when one person is enriched by another and there is no justification in law for the ______.
Liability for unjustified enrichment is automatically applied by law – ______ is not involved.
Liability for unjustified enrichment is automatically applied by law – ______ is not involved.
Minors can perform juristic acts unassisted if they are ______ to the minor.
Minors can perform juristic acts unassisted if they are ______ to the minor.
Contracts are enforceable by either party or by a court if there is ______.
Contracts are enforceable by either party or by a court if there is ______.
Law will only recognize the contract as valid if the minor is ______.
Law will only recognize the contract as valid if the minor is ______.
Assistance occurs when the guardian gives informed ______ to the transaction.
Assistance occurs when the guardian gives informed ______ to the transaction.
Unassisted minors may only contract if it is to their ______ – cannot incur contractual liabilities.
Unassisted minors may only contract if it is to their ______ – cannot incur contractual liabilities.
When a minor incurs contractual obligations, and they are unassisted the contract is known as a “______ contract” - negotium claudicans.
When a minor incurs contractual obligations, and they are unassisted the contract is known as a “______ contract” - negotium claudicans.
The contract still creates a natural obligation for the minor – cannot be sued to perform. Voet– the law should always aim at restoring the “______ leg” by using ratification.
The contract still creates a natural obligation for the minor – cannot be sued to perform. Voet– the law should always aim at restoring the “______ leg” by using ratification.
Unassisted minors also have the opportunity to ______ the contract at any stage. Repudiate – cancel or reject.
Unassisted minors also have the opportunity to ______ the contract at any stage. Repudiate – cancel or reject.
If a major contracts with an unassisted minor and the minor does not perform and then ______ – no contractual remedies available.
If a major contracts with an unassisted minor and the minor does not perform and then ______ – no contractual remedies available.
Major has full contractual obligations vs. minor who has no enforceable obligations. Contract is not enforceable against the unassisted minor. The unassisted minor may “resile with ______”.
Major has full contractual obligations vs. minor who has no enforceable obligations. Contract is not enforceable against the unassisted minor. The unassisted minor may “resile with ______”.
