Contract Law: Jeremy's Case Study

617 Words3 Pages
Jeremy wants to void the contract at this point and Smooth will obviously resist this. There is an absolutely critical piece of information missing, however, without which a final decision on this case cannot be rendered did Jeremy turn 18 in the interim between signing the contract and making his latest payment? In contract law, a contract made with a minor is invalid because the minor is not considered to be a legally competent party (Lawyers.com, 2012). Thus if Jeremy is still a minor he would likely win in court because he is not legally bound by the terms of the contract. If Jeremy has since turned 18, however, this makes a significant difference in the outcome. If Jeremy made any payments to Smooth Sales after turning 18, that would be considered ratification of the contract, meaning that Jeremy as a legal adult has now signaled an intention to be bound by the terms of that contract. If he has made any payment after turning 18, the contract would be ratified and Jeremy would not be able to avoid the contract (US Legal.com, 2010). This is why it is absolutely critical that we know whether or not Jeremy has turned 18, and whether he made any payments subsequent to his 18th birthday. If Jeremy is still a minor, he would successfully avoid the contract. In this case, he is still obligated to return the vehicle to Smooth, as he cannot legally maintain possession. He is unlikely to get any of his money back, although it is possible that he might. If Jeremy is not a
Open Document