Minor Lies About Her Age

Aminor lacks the capacity to be bound by a contract and has the right to disaffirm the contract. However, that right may not always be available.Readthe following,then answer the questions:

BLOOMFIELDUNIVERSITY;We are hosting a youngCreativeWriters Conference pleaseapply!

Jennifer sees the University's onlineadvertisement -This looks like a neat conference. It will take all $1800 of my savings but I think I will apply. I'm only 16. I may be too young. I'd better put my age as 19 - Jenniferlies about her age in the application. Jenniferattends the conference but not too happy about the experience. The conference was a GYP. I'm only 16yrs. Old. Iwant my money back. Jennifer writes the university demanding her money back. The university says no refund soJennifer sues to get her $1800 back. I'm a minor. Idisaffirmthe contract.

The university's lawyer is notsympathetic- you liedabout your age, young lady.Jennifer won't give up! The law is supposed to protect meagainstpeople takingadvantage of me.

A state statute has changed the common law - State lawsays you must return what you got if you want your money back. You can return the conference to us.

The magistrate is not impressed by Jennifer'sclaim- Young lady,you have turned the shield of your minority intoa sword to commitfraud against the university. The magistrate decides in the university favor-counseloryou may advise your client it may sue Jennifer for punitive damages because of her fraud.

It is your call, folks. Does the university sue Jenniferfor punitivedamages? The question you should ask yourself before answeringiswhat could the university gain or lose from suing a teen-age girl who has spent all her moneyon the conference and lost her lawsuit to get it back.

1. What common law rule did Jennifer attempt to enforce in her argument before the magistrate?
2. What is the rationale behind that common law rule?
3. Why did the common law rule not apply in this case?
4. Why did the Magistrate conclude Jennifer committed fraud and for what kind of damages might she be liable if the university countersued her?
5. In your opinion should the university countersue her? Why or why not?

Who is the offeror, Jennifer or the University? Explain your answer.