Taylor and her best friend Joanne are 18 years of age and live in Gander, NL. They decided to spend the summer hanging out in St. Johns, NL before starting university in September. Taylor experienced difficulty in finding rental accommodations as no one was prepared to rent to a minor. After considerable effort, she was able to rent a house from John, her brothers friend. The agreed rental rate was $1500 a month.

John assigned the $1500 August months rent to Bob the Builder, who constructed a shed for John in July. Bob the Builder gave Taylor notice of the assignment.

Unfortunately, Taylor and Joanne shopped and partied a little too much during the summer and by August did not have enough money to pay Bob the Builder. When Bob the Builder contacted Taylor for payment she refused on the basis that she had not attained the age of majority, and therefore, was not liable in contract.

1. Will Bob the Builder able to collect the $1500 debt from Taylor? Your analysis should include:

(a) the law concerning contracts with minors;

(b) the steps in an assignment; and

(c) any defences Taylor may raise.

2. Would it make any difference if Taylor had rented the house to attend university?

3. In what level of court would Bob the Builder commence legal action? Why?

4. What party has the burden of proof should the matter proceed to trial? What is the standard of proof?