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1. When Lisa was 16 years old, she bought a pedigree dog on credit for $1,200. W

ID: 444794 • Letter: 1

Question

1. When Lisa was 16 years old, she bought a pedigree dog on credit for $1,200. While Lisa was a minor she made numerous payments on the contract price for the dog. The dog has now contracted a serious illness.  Lisa has just turned 18, and she is trying to decide what to do with the dog. Answer the following questions:

a. Can Lisa avoid the contract and why? If so, what must Lisa return, and what is she entitled to be repaid?

b. If Lisa keeps the dog for another year to breed it, can she avoid the contract at that time?

c. List the 3 general classes of individuals who may lack contractual capacity to enter into contacts.

Explanation / Answer

a. A minor cannot enter into a contract. A contract made with a minor is null and void. Lisa can avoid the contract, since she cannot enter into a contract when she was a minor. Lisa has nothing entitled to be repaid

b. Even if she keeps it for another one year, the status of contract she made when she was a minor remains the same.

c. Below mentioned are some of the individuals who do not have the capacity to enter into a contract.

i) Minors ii) people of unsound mind and lunatics iii) people declared insolvent by the court of law.