Question
Fast Eddie, a minor, who looks older, buys a used car on credit when he is 16 for cruisin' and girl pick-up purposes. He pays
Fast Eddie, a minor, who looks older, buys a used car on credit when he is 16 for "cruisin'" and "girl pick-up" purposes. He pays a small down payment and agrees to pay a monthly payment. When he turns 18 he continues to use the car and to make payments to the used car dealership. He does this for several months after turning 18 years of age. However, he then attempts to "drag race" with a friend to impress a girl, but crashes the car. He is not badly injured, but the car is seriously damaged. Fast Eddie then has the car towed back to the used car dealership, and says: "Yo, I was only 16 when I bought this car. I was a minor and I want all my money back. You can have what's left of the car. Yo!" What is the likely legal result of this situation?
a. | Fast Eddie can disaffirm the contract with the car dealership since he was a minor when he purchased it. | |
b. | Fast Eddie cannot disaffirm the contract since the car was a "necessity." | |
c. | Fast Eddie cannot disaffirm since he impliedly ratified the contract he made when he was a minor. | |
d. | Fast Eddie can disaffirm since the used car dealer should have asked Fast Eddie his age regardless of his appearance. |
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