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 ___.
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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.
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Preferred remedy for fraudulent minors is ___ liability.
Preferred remedy for fraudulent minors is ___ liability.
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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 ______.
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Liability for unjustified enrichment is automatically applied by law – ______ is not involved.
Liability for unjustified enrichment is automatically applied by law – ______ is not involved.
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Minors can perform juristic acts unassisted if they are ______ to the minor.
Minors can perform juristic acts unassisted if they are ______ to the minor.
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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 ______.
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Law will only recognize the contract as valid if the minor is ______.
Law will only recognize the contract as valid if the minor is ______.
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Assistance occurs when the guardian gives informed ______ to the transaction.
Assistance occurs when the guardian gives informed ______ to the transaction.
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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.
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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.
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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.
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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.
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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.
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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 ______”.
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