Question

21. Rose is 17 in a state where majority age is 18. She purchased a prom dress from Your Special Day. She wore it to the prom and then attempted to return it to the store, claiming that she was a minor and that she was entitled to a refund. The dress had clearly been worn and had a purple stain which Rose claimed was from grape juice. Additionally, a few days before she turned 18, Rose purchased a used car from Sal's Car Savings. She had a deal whereby she paid $100 per month on the car. She drove the car and made payments for six months after she turned 18. Rose then returned the car to Sal's Car Savings, informed the owner that she was under 18 when she entered into the contract to purchase the car, and told the owner that she was returning the car for a full refund. Sal's Car Savings claimed the car was a necessity. Rose and her parents disagreed claiming that the parents were ready and willing to provide a car to Rose, and that she only purchased the car from Sal's Car Savings because she liked that particular style and color. When purchases of the dress and car were made, the sellers knew that Rose was under the age of 18.Which of the following is true if Rose a minor and her parents asserting that the car was a necessary? a. Even if a minor disaffirms a contract for a necessary, the minor will still be held liable for the reasonable value of the necessary. b. Whether or not parents would buy the item at issue is irrelevant in addressing a claim that an item was a necessary. c. A minor may not disaffirm a contract for a frivolous matter that is clearly not required. d. The claim will have no effect because the law does not recognize the concept of necessaries when minors are involved. e. Social status is irrelevant as a matter of law in addressing a claim that an item was a necessary.

Answer 1

following is true if Rose a minor and her parents asserting that the car was a necessary

a. Even if a minor disaffirms a contract for a necessary, the minor will still be held liable for the reasonable value of the necessary.

The above statement is true because as per law minor cannot disaffirm a contract for something that is necessary for life. Other examples of necessary items would include food, clothing and shelter.

b.Whether or not parents would buy the item at issue is irrelevant in addressing a claim that an item was a necessary.
In the above case a minor ie.Rose has entered into the contract and her parents are not part of the contract, hence opinions of parents is not taken into consideration. Therefore whether or not parents would buy the item at issue is completely irrelevant in addressing the claim that an item was necessary.