Question
Benjamin is 17 years old and has always been indulged by his wealthy parents. He has recently obtained his full driver's licence and is keen
Benjamin is 17 years old and has always been indulged by his wealthy parents. He has recently obtained his full driver's licence and is keen to buy a car. He sees a second-hand Porsche 911 sports car advertised for sale online for $120,000.00. He contacts the dealer, who agrees to bring the car to Benjamin's home for a test drive. Benjamin sets a time when he knows that his parents will not be home. When the car dealer meets Benjamin, she is concerned about his youth and his casual and rather arrogant attitude. However, reassured by the opulence of his home, clothing and accessories, she concludes that no further investigation into his ability to pay is required. Benjamin takes the car for the test drive and, at its conclusion, signs a purchase contract. He uses his credit card to pay a small deposit and says that, on their return, his parents will pay the balance of the price. When Benjamin's parents see the car and realise how powerful it is, they refuse to pay the balance.
Required:
Advise the dealer, with reasons, whether the contract to purchase the car may be enforced against Benjamin. Is there anything that the dealer could have done to avoid the risk of contracting with Benjamin?
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