2. Must be typewritten in Times New Roman or Arial 12-point font, double spaced, and with 1-inch margins — Betty year old girl has doll collection worth about 100 One problem

Betty is a 12 year old girl. Betty has a doll collection worth about $100. One problem: Betty hates dolls, but she loves baseball. Betty visited the local sporting goods store nearly every week. She had been eying this new bat, and glove. But she didn’t have any money. Betty offered the owner her doll collection. The deal was struck: The next day Betty loaded up her wagon with the dolls, hitched it to the back of her bike and brought the dolls to the sporting goods store. The owner gave her the bat, ball and glove, which, in all, were worth about $100. When Betty’ father found out about the transaction, he was furious.

a. Discuss and explain whether Betty get out of this contract? You must analyze each element of a valid contract in your discussion along with any exceptions.

b. Assume that Betty traded the dolls for shoes and clothes, because hers were worn out and her father lost her job and couldn’t afford to buy them for her. Discuss and explain whether Betty can get out of the contract in these circumstances. You must analyze each element of a valid contract in your discussion along with any exceptions.

2. Must be typewritten in Times New Roman or Arial 12-point font, double spaced, and with 1-inch margins;

3. Each question must be answered in a minimum of 300 words;

4. Each question must include at least three scholarly sources;

5. Must cite sources according to proper APA formatting guidelines;

SOLUTION

a) A contact entered into with a minor is at the very instance invalid an unenforceable. The law of contracts says that for a contract to be enforceable it has to satisfy the features of a valid contract. Betty‘s contract cannot be enforced because it not a contract.

The parties to a contract must be capable of performing the contract and should be capable of legally being accepted as a person capable of contracting. Betty is neither capable of contracting nor does have the legal status hence the contract cannot be enforced .According to Section 10 "All agreements are contracts if they are made by the free consent of the parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void". It does not have all the elements of a valid contract.

Essential elements of a contract:

1. Intention to create legal relationship.

2. Lawful object

3. Agreement not expressly declared void

4. Proper offer and its acceptance

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5. Free Consent

6. Capacity of parties to contract

7. Certainty of meaning.

8. Possibility of performance.

9. Lawful consideration

10. Legal formalities.

The contract should create a legal obligation and should be made with suitable consideration and should be in writing. Since this contract has none of these features it is not an enforceable contract and need not be performed. Betty’s father can take back all the toys and return the bat and ball. The shopkeeper knowing the Betty is a minor should not have entered into such an agreement at all.(Sec10 Contract law)

References:

http://www.citeman.com/4121-essential-elements-of-a-valid-contract.html

b) The first instance is that irrespective of whatever is the condition at home and otherwise a minor is incapable of contracting. In order to create a binding contract that can be enforceable in a court of law it is a must that the parties to the contract first should be able to contract in all essence of legal purview. A minor does not have the capacity to contract as per law. So, Betty being a minor does not have the ability to contract. The contract is defeated here .Any contract should create an agreement and this creates rights and duties and obligations. Since this is not a contract the rights duties and obligations do not arise. Betty cannot trade in her own capacity as a minor as she does not have the capacity to contract. All contract entered into with minor is void ab initio even though it may satisfy all instances of a valid contract.

Contracts entered into with minor under false pretences do not create a valid contract. The purpose of trade in this case was to support the family as the father had lost his job. The purpose of the contract is not what is material the intent of the contract and the capacity of the parties play a very important role in deciding whether contracts can be enforceable in a court of law.

Betty‘s father can ratify the contract entered into with Betty on his own name if he wants performance of the contract. Then a new contract will come into place and will have all the features of a valid contract.

References:

http://highered.mcgraw-hill.com/sites/dl/free/0070961379/580512/Willes_2Ce_03.pdf

http://nationalparalegal.edu/public_documents/courseware_asp_files/domesticRelations/