Read Case Summary 3.7 Mosher v. Bensonon page 85. This case is about a 17 year old who purchased a car from an adult. The 17 year old (Mosher) asked to have the transaction reversed on the basis that he was a minor at the time of the contract.

this is the case:

Chapter 3 Formation of Contracts 85 Case Summary 3.7 Mosher v. Benson 15 Car Is Not a Necessity, Contract Voidable Mosher (Plaintiff), Benson (Defendant) in a trial before the The judge referred to the Law of Contract in Canada, 16 Small Claims Court of Nova Scotia. which stated concerning necessities, "Curiously enough, a Kyle Mosher was only 17 years old when he pur- car has been held not a necessary, even in these days, even chased a car from Peter Benson. The issue before the as in Pysett v. Lampman where the car was used by the court was whether or not that contract could be set aside minor in the business of selling fish by which he earned a on the grounds that the plaintiff was a minor. living." In this action, Mosher asked to have the transaction In this case as there was no claim that the car was reversed on the basis that he was a minor at the time of the needed for any special use, there was no question that it contract. He also claimed that the car was not roadworthy could be considered a necessity. The contract was with an and that he had been charged an excessive price considering infant for a non-necessity and was therefore voidable. the condition. The judge found that there were no expressed Therefore, the judge ordered that the parties be restored to or implied warranties with respect to the physical condition their original positions. The seller was required to return the of the vehicle, given the fact that it was a private sale. purchase price paid, as well as the filing fee for bringing this Since the age of majority in Nova Scotia is 19 years, action, and Mr. Mosher was ordered to return the car. the contract of sale was with an infant. It was therefore This case illustrates the way contracts with infants are voidable unless it was for a necessity. The judge then con- treated and indicates the appropriate remedy when a con- sidered whether the sale of a car qualified as a necessity. tract is determined to be voidable. The British Columbia Infants Act17 is unique in that it declares that all contracts with st the infant, except those specifically made enforceable