Sevvy, one month shy of his 18^th birthday, was in high school and enjoying life. Enjoying life for him involved reading anything he could get his hands on. Sevvy was very bright, and at night he used to sneak into his big sisters room and read her Business Law textbook. One night he got a hold of her textbook and read the entire chapter on Capacity and Genuine Assent. His sister finally came home, caught her brother, and kicked him out of her room. The next day he did the following:

After school Sevvy hopped on a bus and went to Gateway Community College. He wore his sister's ID and was able to get past the guards by simply scanning the ID card and quickly walking by wearing his hoodie. While walking down the hall, he noticed a flyer in which Manny was offering to sell his 23rd Edition Business Law Book for $50. Sevvy and Manny met later that day. Manny got the book from his car, and Sevvy proceeded to write a check. Manny said, "Wait a minute, I don't take checks." Sevvy told him he needed the book that night to complete his homework. Sevvy offered to write a check for $55 and suggested Manny hold onto it as collateral. He promised to meet Manny the next day in the cafeteria with $50 cash. Manny tore a piece of lined paper from his note book and drew up a little contract. Essentially, the contract indicated that the following day, Sevvy would give Manny $50 cash for the textbook "that has already been delivered to Sevvy" and that Sevvy would show up the next day with the cash or simply return the book. It also indicated that Manny would give back the $55 check.

The following day, Sevvy and Manny met at the Cafeteria. Sevvy said, "Look Manny, didn't you read that textbook when you were in Business Law? I am seventeen years old. I am a minor. You never even asked my age. I lack contractual capacity, so we have no contract. Also, if I were you, I would not try to cash that check I gave you, because it is going to be returned for insufficient funds, and you will probably have to pay a fee. Besides, you tried to rip me off. You know good and well that the Business Law Professors at Gateway are using the 24th edition of the book. I hereby, forthwith and hereto, dis-affirm our contract. Our contract is a nullity. Thanks for the book sucker!"

Sevvy left Gateway, went to a restaurant and met with Harmony. Harmony owned a musical instrument purchase/rental company. After Sevvy told Harmony that he was 20 years old, Harmony had Sevvy sign a contract indicating that Sevvy would purchase the flute by making 12 monthly payments. Sevvy gave Harmony $100 cash. Harmony gave a copy of the contract to Sevvy along with the flute, and then she left the restaurant. Sevvy, ordered food, ate, and then he refused to pay for his meal, telling the manager that he was a minor and that he could not enter into any contracts.

As Sevvy walked out of the restaurant, Mr. Karma speeding by on his skateboard, hit Sevvy, sending Sevvy his flute, and his back pack flying. At that moment, Manny happened to be driving by. He stopped his car, saw his Business Law book and an obviously damaged flute on the ground next to Sevvy. Manny picked up his book, and put it in his trunk. Then he helped Sevvy gather the rest of his belongings and brought an obviously dizzy Sevvy to the hospital. On the way to Yale/New Haven Hospital, Sevvy complained that his head hurt, and that he was seeing double. He also complained about his new and now broken flute. He told Manny, "I really did want this flute. I made the first payment, and I intended to finish paying for it. My Dad actually repairs instruments. Maybe he can fix this, and I will be able to keep it after all."

Manny stayed with Sevvy the entire time at the hospital. During the two hours in the waiting room, Manny, who had earned and "A" in Business law, showed Sevvy just how much he had read his Business Law Book. He started out by saying, "Look Sevvy, I had Mrs. Scott for Business Law I, and for the Chapter on Capacity and Genuine Assent, she gave us some long and crazy hypothetical, and we had to discuss all the relevant issues pertaining to the Chapter." The nurse in triage, finally called Sevvy'sname.

Your Assignment: In the context of Chapter 13, discussthe rights of Sevvy and each of the parties with whom he dealt within this hypothetical. (each = Manny, Harmony, Restaurant Manager, the Hospital)

Highlight any terms of art (Business Law terms) in your discussion.