Blaw chapter 13
True or false: A person who is senile can never have the capacity to contract.
False
Which of the following is the term used to describe the termination of a parent's rights to receive services and wages from a child and to generally control him?
Emancipation
Which of the following is correct regarding whether a minor can ratify a contract while still a minor?
A minor cannot ratify a contract while still a minor.
Which of the following is correct regarding contract ratification by a person who regains his capacity?
A person who regains mental capacity can ratify his contract just like a minor who attains majority.
Which of the following refers to the ability of a person to do a legally valid act?
Capacity
A minor may disaffirm a contract ______.
at any time during minority and for a reasonable time thereafter
Why are minors generally held liable for the reasonable value of necessaries furnished to them?
Because penalizing adults who supply minors with necessaries would discourage other adults from doing the same
For what period of time does a former minor have to avoid a contract entered into when he was a minor?
A reasonable time
Which of the following is correct regarding whether the personal representative of a person who dies or is adjudicated insane may ratify that person's contract?
If a person dies or is adjudicated insane, her personal representative may ratify the contract.
Which of the following is correct regarding emancipation?
It can occur when the minor gets a job and moves away from home and the parent does not object.
Which of the following is correct regarding capacity to contract?
It is presumed to exist.
With regard to contract enforcement, which of the following is correct regarding mental impairment and/or intoxication?
Lack of mental capacity can stem from dementia.
Which of the following is a major class of persons who have been traditionally treated as having limited capacity to contract because the law seeks to protect them in their contractual relations with others?
Minors
What are generally defined as those things that are essential to a minor's continued existence and general welfare?
Necessaries
Which of the following is correct regarding the the disaffirmance of a contract entered into between a minor and an adult?
Only the minor can disaffirm the contract.
Which of the following is correct regarding a minor's right to disaffirm a contract when he misrepresented his age upon entering into the contract?
Some courts hold that the minor is estopped from raising the defense of minority and is therefore bound by the contract.
Which of the following is correct regarding whether a minor who successfully disaffirms a contract must return the consideration he received from the adult contracting party?
The minor must return to the adult any consideration still in his possession that he received from the adult.
Which of the following is correct regarding the liability of people lacking mental capacity for necessaries?
They are liable for the reasonable value of necessaries, on the same basis and for the same reasons as minors.
Which of the following is correct regarding necessaries?
They include medical care.
A minor may disaffirm a contract by
at any time during minority and for a reasonable time thereafter
Like minors, people suffering from mental impairment can lack the ______ to contract.
capacity
Which of the following refers to the ability of a person to do a legally valid act?
capacity
A minor has the right to ______ her contracts.
disaffirm
In theory, if a minor misrepresents her age when entering into a contract, her right to ______ be affected because one who lacks capacity ______ acquire it merely by claiming to have capacity.
disaffirm should not; cannot
If a person who lacked mental capacity disaffirms a contract, the incapacitated party must return the consideration and return the other party to the status quo ______.
if there was no reason for the other party to have known of the lack of capacity
A minor who successfully disaffirms a contract ______ he has given to the adult party to the contract.
is entitled to recover any consideration
People lacking mental capacity are ______.
liable for the reasonable value of necessaries
A person who is medically insane ______.
may have the capacity to contract during a lucid moment
Which of the following is a major class of persons who have been traditionally treated as having limited capacity to contract because the law seeks to protect them in their contractual relations with others?
minor
Minors are generally held liable on a(n) ______ contract basis for the ______ value of necessaries furnished to them.
quasi; reasonable
The idea behind ______ is that adults who indicate an intent to be bound by contracts they entered into as minors should be bound to those contracts and denied the right to disaffirm thereafter.
ratification
A minor who does not disaffirm her contract within a reasonable time after attaining majority is held to have ______ the contract ______ the right to disaffirm.
ratified; and thereafter loses
If a person who lacked mental capacity disaffirms a contract, the incapacitated party must return the consideration and return the other party to the ______.
status quo
A contract made with a minor can be disaffirmed by
the minor or his or her personal representative in the event of the minor's death.
Mental capacity is defined as the ability to ______.
understand the nature and effect of a contract
A contract will be ______ under the law in most states where a party was adjudicated mentally incompetent before they entered into the contract.
void
If a party to a contract lacks the capacity to contract, the contract is ______.
void or voidable, depending on the kind of incapacity involved
If a court finds that a person lacked mental capacity at the time the contract was formed, the contract is ______.
voidable at the election of that person or his guardian or administrator
A contract made with a minor is ______.
voidable at the minor's option only
