Question
Please check my answers and give feed back on each question if needed based off of the two given scenarios. Scenario 1: Carmen Ruiz is
Please check my answers and give feed back on each question if needed based off of the two given scenarios.
Scenario 1: Carmen Ruiz is 17 years old and works in an office supply store. As part of her employment contract, Carmen agreed to mandatory arbitration to resolve employment disputes. Carmen was recently terminated from her job for refusing to work extra hours after her assigned shift ended. Her father, Jose, filed a lawsuit on Carmen's behalf for wrongful termination. The office supply store asked the court to dismiss the lawsuit because Carmen had voluntarily signed the employment agreement to settle employment disputes through arbitration.
- Explain the implications of a minor entering into a contract.
The agreement entered into with a minor is void ab initio i.e. null and void from the beginning. It is absoultely null and void and destitue of any legal effects. Hence there is no room for legal consequences. The agreement with a minor is considered to be no agreement.
- Estoppel:If a minor makes a false representation about his age and contracts, he shall not be liable for his act .
- Liability:No liability in tort arising out of contract, but he is liable for the tort.
- Restitution:A minor need not return or restitute the benefits received under
- Ratification:Ratification means subsequent sanction. A minor's agreement is void and being nullity has no existence in the eye of the law and therefore it cannot be ratified, it cannot support a fresh promise by the infant after attainment of majority.
- Performance:Minor cannot be sued for specific performance
2. Assuming the arbitration agreement is legally enforceable and arose as part of her employment contract, could a court rule that arbitration was not legally required as a matter of contract law?
Yes, a court can rule that arbitration was legally required as a matter of contract law.
3. Consider the alternative scenario in which Carmen is an emancipated minor who voluntarily signed the mandatory arbitration agreement. Explain what emancipation is and how it impacts a minor's legal rights and obligations.
Emancipation is the court process through which a minor becomes a legal adult responsible for his or her own care. A minor has to meet certain requirements for the court to grant him or her emancipation. After these requirements are met, the judge considers the "best interests" of the child. This best interest concept is similar to the best interests considered in child support cases.
In most emancipation cases that come before the court, emancipation is implied from evidence of circumstances and conduct that negatively affirm the fundamental relationship that both law and society recognize as existing between parents and children. Animplied emancipationarises from minor and/or parental conduct inconsistent with the right and duty of parents to exercise control over and provide care and support for their child during its minority. Desertion, abandonment, non-support and other censurable conduct on the part of the parent constitute reasonable circumstances for implied emancipation of a minor child
Scenario 2: Carmen purchased a car as part of a purchase contract with Joe's AutoPlex. Joe's AutoPlex sued Carmen after she failed to meet the requirements of the purchase contract. Carmen had every intention to make her payments under the contract, but she lost her job and had no money. She purchased the car because she needed reliable transportation to and from work. Her father and mother were unable to provide her with transportation which is why Carmen purchased the car. Carmen asked the court to dismiss the car dealer's case because she is a minor.
1. With respect to necessaries of life, do you think that Carmen should be liable for the purchase price of the car? Explain your response.
Carmen should not be liable for the purchase price of the car as she lost her job and she is a minor.
2. How could Joe's AutoPlex avoid situations like this in the future?
Joe can avoid these situations by not employing the minors.
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