Question
Jack entered into a rental agreement with Custom Rentals to rent stereo equipment for a party he and his friends were throwing to celebrate their
Jack entered into a rental agreement with Custom Rentals to rent stereo equipment for a party he and his friends were throwing to celebrate their high school graduation.Custom Rentals standard rental agreement required a small deposit upon signing with the remainder of the $1000 rental fee payable upon return of the equipment.
The agreement that Jack signed required Jack to assume responsibility for any damage to the equipment while it was in his possession. Jack had no concerns about accepting this responsibility as he and his friends have always been considered to be "responsible".As well, Jack and his friends had rented stereo equipment in the past for special events and there were never any issues as they always maintained control over who was invited.
Unfortunately, on the evening of the party news of Jack's "Bash" hit the social media and within a short period of time, what started as a celebration with close friends, quickly turned into a massive party over which Jack and his friends lost control.By the time the party shut down the stereo equipment had been totally destroyed.
Jack, being 17 years of age, refused to pay for the rental fee and damage on the basis that he had not attained the age of majority, and was not liable in contract.
- Discuss the law concerning contracts with minors and Custom Rentals likelihood of success if it should take legal proceedings against Jack for damage to the stereo equipment.
- Would it make any difference if Jack had rented the stereo equipment to work as a DJ at parties in order to support himself?
- Discuss and apply all the steps in a legal risk management plan, including how Custom Rentals could have managed the risk.
- In what level of court would Custom Rentals commence legal action?Why?
- What party has the burden of proof should the matter proceed to trial?What is the standard of proof?
- To succeed in an action against Jack for a breach of contract, what elements would Custom Rentals be required to prove?
- Assume that at the time Custom Rentals entered into the rental agreement with Jack it was experiencing cash flow problems and was overdue on making payments to Music Stuff, one of its suppliers. Being concerned that it was about to be sued by Music Stuff, in an effort to preserve the relationship Custom Rentals assigned to Music Stuff the rental fee it was owed by Jack.Discuss and apply the steps in an assignment and whether Music Stuff will be able to collect the rental fee from Jack.
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