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Bianco was 17 when he purchased a telescope from the Stars and Stripes Hobby Center. On his way home, he had an automobile accident that badly damaged the telescope. The next day, he returned to the store with the telescope and demanded his money back. The store owner told him she was not legally requited to give him his money back, even though she knew he was a minor, because the telescope was damaged. Was the store owner correct? Why or why not?

2007-07-24 15:13:48 · 8 answers · asked by Girl Trump 1 in Politics & Government Law & Ethics

8 answers

The store owner was correct. Regardless of the persons age, the store owner is not required to accept returned items that have been damaged. The fact that bianco is 17 is irrelevent. Minors are allowed to enter into purchase contracts. But absent that, if we prohibited minors from being contractually responsible for purchases, the store owner would still be reasonable in refusing to accept the damaged telescopes return. If the minor claimed he was not contractually responsible for the purchase because of his age, the store owner could counter with the parents being legally responsible for the minors damaging of his merchandise. Either way, the kid is out the money.

2007-07-24 16:06:07 · answer #1 · answered by Anonymous · 0 0

Store owner was correct. Any contracts where there's minor involved is voidable, meaning the minor can void the contract anytime. HOWEVER, any damages done to the item, in this case, must be payed for by the minor. The store owner has to refund, BUT the minor has to pay the damages to the telescope.

2007-07-24 22:18:04 · answer #2 · answered by miXzo 3 · 0 0

A minor can make and perform a contract. Once it is performed (cash paid and goods delivered) the contract is complete. A contract cannot be enforced against a minor. That refers to executory (future) performance. If the shop owner had agreed that, in the future, the minor would pay for a telescope yet to be delivered the shop owner could not force the minor to go through with the deal.

2007-07-24 22:36:33 · answer #3 · answered by iansand 7 · 0 0

The store owner was correct, he damaged the telescope after purchase. For the store to refund his money would be ludicrious! If anything his auto insurance might pay to replace it.

2007-07-24 22:17:27 · answer #4 · answered by Flower Girl 6 · 0 0

The age of the customer doesn't matter; the damage was not the store owner's responsibility.

2007-07-24 22:16:42 · answer #5 · answered by Anonymous · 0 0

Being a minor has nothing to do with it. The store didn't cause the accident, and did not sell the kid an accident-resistant telescope. Sh*t happens. The kid loses.

2007-07-24 22:21:48 · answer #6 · answered by bullwinkle 5 · 0 1

The store would be under no obligation to return his money. They didn't sell him a damaged item, he damaged it after leaving the store.

2007-07-24 22:16:50 · answer #7 · answered by hardwoodrods 6 · 0 0

Please do your own homework.

At least ATTEMPT it and tell us what you think, then ask us to validate your answer.

Have some intregrity!!!!!!

2007-07-24 22:16:44 · answer #8 · answered by Anonymous · 3 1

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