Exceptions
to Minor’s Right to Disaffirm
Misrepresentation
of Age.
§ Generally, minor
can disaffirm the contract.
§ But some states
prohibit disaffirmance and hold the minor liable.
Contracts for
Necessaries.
§ Contracts for
food, clothing, shelter may be disaffirmed by minor is liable for reasonable
value of goods or services.
Insurance.
§ Not viewed as necessaries, so minor can
disaffirm contract and recover all premiums paid.
Loans.
§ Seldom
considered to be necessaries.
§ Exception:
•
Loan
to a minor for the express purpose of enabling the minor to purchase
necessaries.
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