- Honey Boo Boo, who is ten, enters into a contract with Big Dee’s Mobile Homes to purchase a new double-wide trailer, including a trailer hitch. Honey Boo Boo, while still a minor, later decides she wants to “disaffirm” the contract. She calls the dealer, Big Dee, and tells Big Dee that she’d better “redneckognize” and pick-up her double-wide trailer, she no longer wants it. Honey Boo Boo also tells the dealer that she’s keeping the trailer hitch as part of the “deal.”
a. Has Honey Boo Boo disaffirmed the contract?
b. Can Honey Boo Boo keep the trailer hitch as part of the “deal”? Why or why not?
c. Assume Honey Boo Boo does not disaffirm the contract with Big Dee’s Mobile Homes. Can Big Dee avoid her contractual duties with Honey Boo on the grounds that she is a minor?
Disaffirmance and Implied Ratification
- While still a minor, JoJo Siwa purchases a brand new 2022 Bentley by entering into a sales contract with Rusnak Bentley in Pasadena and taking delivery of the car. JoJo drives the car an additional six months after his 18th birthday. Later, JoJo returns the car to the dealership seeking to “disaffirm” by claiming she no longer likes the car’s color.
a. Can JoJo disaffirm? Why or why not?
b. Has JoJo ratified the contract? How?
c. Would the court considered the sales contract to be executed or executory? Why?
- Same facts as above at 2., JoJo enters into the sales contract with Rusnak for the Bentley, but she doesn’t make any car payments or take possession of the car.
a. Assuming JoJo is still a minor, has JoJo disaffirmed the sales contract with Rusnak? Why?
- Same facts as above at 2., only upon reaching her 18th birthday, JoJo writes to Rusnak, stating that she still “agrees” to buy the Bentley.
a. Has JoJo ratified the contract? How?
- Millie Bobby Brown, while still a minor, moves to NYC to live on her own, away from her controlling parents. Millie’s parents do not provide her with any housing while she’s living in New York, so Millie must enter into a lease contract for an apartment on the Upper Westside of Manhattan for one year at $20,000.00 per year. The reasonable value for the apartment rental (one year) is $10,000.00. Assume that the rent is due at the end of the year.
One week before the lease term ends, Millie seeks to disaffirm the contract.
a. May she disaffirm the lease?
b. Is the lease a contract for necessaries, why or why not?
c. If it is a contract for necessaries, how much must Millie pay the landlord for the year’s rental?
- What if Millie’s parents provided her with an apartment while she lives in NYC, but she chooses not to live there.
a. If Millie rents the apartment for $20,000.00 per year, will her apartment rental still be considered a contract for necessaries? Why or why not?
b. May she still disaffirm the contract?