Tom, just turned seventeen years old, goes to high school and works 25 hours a week at the local convenience store for the past year. He also does errands for neighbors and walks the dog in his spare time. Tom has managed to save $8000 for the purchase of his first car. He finds a used Mustang and negotiates with John, the dealer (John is 35 years old) for the car for $7000 and pays for the car for pick up the next day. Tom has put several thousand miles on the car over the past six months, has dented the car in several places, needs new tires and upholstery needs work. Tom realizes he needs to go to college soon and his parents cant afford the tuition. Tom goes back to the dealer and tells John he wants to return the car for $7000.

32. What kind of contract did John and Tom have?

a. a valid contract

b. voidable contract at Toms or Johns option

c. voidable contract at Toms option only

d. voidable option at Johns option only

33. Can Tom disaffirm his contract and receive his $7000 cash payment?

a. yes, he can disaffirm his contract because Tom 17 years old at time of the purchase and he returned the car before he was of majority age.

b. No, he cannot get his money back because he used the car for thousands of miles.

c. No, he cannot get his money back because the car was a necessary and an exception to the rule of disaffirmance.

d. He can get some of his cash payment after deducting for mileage and damages to the car.