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It is Kelli’s 17th Birthday party. During the party, Kelli has a few too many drinks. Don is at the party. He has lived next door to Kelli for years, they grew up together. Don recently has a new job at a car sale yard. He gets paid on a commission basis, but things have been a bit slow recently. Kelli, feeling very happy, talks to Don, telling him how much she likes the red ‘Xo3’ he has in the car sale. Don seizes the opportunity, he pulls out a standard purchase contract (which he just happens to have on him) and signs up Kelli to buy her new car on the spot.

The next morning Don turns up with Kelli’s ‘Xo3’. Kelli is not quite so happy this morning. She did not realise that Don had been serious and would never have signed the paper if she had known that. Kelli does not want to part with the money she has saved to go to University and so refuses the car.

2007-05-09 12:34:30 · 3 answers · asked by silky s 1 in Politics & Government Law & Ethics

3 answers

Most states don't allow a minor (under 18) to enter into legally binding contracts.

Many states have consumer protection laws that give you a certain amount of time to change your mind, especially if it's a door-to-door salesman. Not sure if this applies if the conversation is during a party, but obviously Kelli did not go to the dealership seeking a car, so maybe.

Then there's the question of whether Don knowingly took advantage of a drunk person - you have to be fully aware to commit to a contract, and how drunk is "not in your sound mind" is a matter of debate.

Finally, should Don even be at a party where minors are drinking alcohol? Some states have interesting laws about this sort of thing? He must have been aware someone was serving her alcohol.

I'd guess - "no sale!"

2007-05-09 12:45:48 · answer #1 · answered by Anon 7 · 0 0

He is not liable because Kelli is not laible udner the contract becuase she did not consent as she was intoxicated and she was a minor and disafirm if she did consent to it.

Are these just made up questions or questions for a test? If they are for a test the person who wrote them doesn't have a grasp of contract law. If it is a situation you are involved in or witnessed...refer to my answer for your previous question....or have the parties consult an attorney.

2007-05-09 12:45:57 · answer #2 · answered by Dr. Luv 5 · 0 0

Are you in contact on the subject of the horse or the settlement? in case you in contact on the subject of the horse then touch the folk as in case you have been figuring out to purchase this horse from them then deliver somebody down there with a trailer and if to no longer high priced purchase it back from them , or get a criminal expert and combat this in courtroom and get animal administration in contact which will all take alongside time and useful fee extra then only figuring out to purchase back the horse. Then after the risk-free return of the horse take them to courtroom under breach of settlement. a minimum of you will have the horse on your possession.

2016-10-30 23:49:00 · answer #3 · answered by ? 4 · 0 0

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