Question

A minor contracted for the purchase for a car and agreed to pay for the car by paying in monthly installments to the vendor / car dealer. He then had a motor vehicle accident in which the car was destroyed. In this situation

a. The minor is liable to pay for damages to the car in contract law
b. The minor is liable to pay for damages to the car in tort law
c. The minor is not liable to pay for damages to the car

Answer 1

Solution :

As per the Contract law :

A minor is not legally entitled to enter into a contract. Any such contract entered into with the minor is void and cannot be enforced by the law (excluding certain exceptions like a contract for necessities).

A car is not a necessity. Hence the contract entered into with the minor is "Void" and cannot be enforced.

As per the tort law :

A tort liability of the minor will depend on the age of the minor. If the minor's age is 14 years or less, he is presumed to be not negligent under the law.

However, if the minor is aged above 14 he is capable of being negligent and hence is liable to pay damages for the injury caused.

Presuming the minor is aged above 14 in this case, he can be held liable to pay for the damages.

Final Answer :

Option B : The minor is liable to pay for damages to the car in tort law

answered by: anonymous