Question

Erin had always been independent. Shortly before her seventeenth birthday, she moved out of her parents’ house and bought a used car, which she needed for her fledgling chocolate-covered-cranberry enterprise. She agreed to pay $15 000 for the car, $5000 as a down payment and the rest in monthly instalments over one year. She used the car mostly to make deliveries and pick up supplies. After she had driven the car for three months, the bearings burnt out. Since Erin was in a position to hire a delivery person, she decided that she no longer wanted the car. Having studied the basics of contract law in high school, Erin attempted to return the vehicle to the car dealership, claiming that she had elected to avoid the contract. The dealership refused, having received an opinion from its lawyer that a contract for necessaries is enforceable against a minor. Erin replied that the car was not a necessary, and that the contract was therefore not enforceable. Do you think that Erin will be permitted to avoid her contract with the dealership? Give reasons to support your position

Answer 1

As per the contract law, Erin can give back the car to the dealership as she finds it not necessary. she will still have to cancel the agreement and need to settle the ammount that can be cosidered as wear and tear charges as the bearings are burnt out. she have to replace the component or has to pay for that. she cannot simply cancel the agreement. As the situation is explained she had agreed to paya downpayment of $5000 and would have done that. so she has to agree with the dealers ammount and can cancel the contract.

answered by: anonymous