INFANCY DEFENSE

Flashcards covering key concepts from the lecture notes on infants and contract law, emphasizing voidable contracts and necessities.

What is the age under which a party can create a voidable contract (K)?

If a party is under 18, they can create a voidable K.

What are the three potential outcomes of a voidable contract created by a minor?

1. The minor can disaffirm the K while still a minor. 2. The minor may disaffirm after turning 18 within a reasonable time. 3. The minor can ratify/reaffirm the K.

What is the necessities exception in contract law?

Necessities are goods and services essential to a livelihood, such as food, shelter, medical care, and clothing. A minor can disaffirm a K for necessaries but must pay for the reasonable value received.

What is the burden of proof regarding the necessities exception?

The burden is on the claimant to prove that the good or service is necessary for the minor.

How does the Halbram approach to restitution differ from the Dodson approach?

The Halbram approach says no restitution if consideration is of little value due to the minor's actions, while Dodson allows for compensation for use and damage even if consideration no longer exists.

In the case of Bowling, what was the court's ruling on a minor disaffirming a K for a car with an adult present?

The court ruled the K was voidable regardless of the adult's presence, as the adult was not a party to the K.

How did the NC Supreme Court define a necessity regarding minors?

The court expanded the definition to include property and services necessary for a minor to earn money for their own necessities and those of their dependents.