Lisa is walking down the street in January when she notices a young man named Denny. Denny looks a little worse for wear, so Lisa offers to buy him lunch. As they are talking, Denny says to Lisa: “I’m in a pretty rough spot. I don’t have any money right now. But I promise to pay you $450 if you give me that coat you are carrying and some food (that sum represents the reasonable value of those items). Lisa responds: “How old are you?” Denny states that he is 20. However, this is a lie. Denny is actually 16. Lisa looks him over one more time, and she agrees to the exchange.
Before they leave, Denny says,\”Actually, I will promise to give you another $50 if you let me borrow your bike.\”
Lisa writes down all of these promises into a contract. Both parties sign the contract, and they go to the bank and have it notarized.
A week later Denny trashes the bike, and he tells Lisa that he is not going to pay. Lisa sues Denny in court for breach of contract, and she learns that he is only 16. What is likely to happen in the court case?
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Business Law: Capacity
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Case: Lisa v. Denny
Lisa enters into a contractual agreement with Denny, who lied that he was 22 yet he was 16 years old. However, Denny trashes her bike and says that he could not pay for it. The case represents a contract agreement between two parties that involve a minor. In common law, a contract must meet certain elements to be valid (McKendrick, 2013). These elements include offer, acceptance, consideration and legal capacity. A breach of a contract that involves a minor will yield a number of outcomes in the court of law.
The legal capacity of a contract demands that any contract be between parties who have reached the majority age, which is 18 years in the United States (McKendrick, 2013). Although Denny knowingly misrepresented his age, he is a minor, meaning the court will void the contract between Lisa and Denny. However, depending on the particular state, Denny could be held liable for age misrepresentation.
According to (Burrows, 2013), albeit few exceptions, a contract that involves a minor is often voidable. The minor has the legal capacity to avoid the liability in a contract. The author further points that when such a minor reaches the majority age s/he may ratify the contract. The ratification may include agreement to meet the contractual terms, for example, through making of payments. In such a case, the ex-minor may not avoid the contract is it will have been deemed to be binding between the two parties. In the case between Lisa and Denny, the court……………………………………..……………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
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