Case Analysis Of Contract Law

Issue: The issue is whether Ms. Carver is liable for breach of contract with Mr. Anderson and GTF.

Rule: A contract requires four key elements: agreement, consideration, capacity, and legality (Kubasek, 306). Not completing one element of the contract renders it void or voidable. Minors, or people under the age of 18 (41-1-101), are allowed to enter into contract in the same way that adults can; all contracts that minors enter into are voidable and can be disaffirmed by the minor (41-1-302). Also, a lawyer or guardian cannot disaffirm the contract. Only the minor has a right to disaffirm (Kubasek, 361). However, when a minor wants to disaffirm a contract, there are specific rules they must follow. If the minor wishes to disaffirm a contract,

Anderson entered into a legal contract with Ms. Carver. Unbeknownst to Mr. Anderson, Ms. Carver was 17 when they entered into contract. Other than her not having the capacity to enter into a contract, all other elements of a contract were met. Because Ms. Carver was a minor when they signed the contract, she had the ability to void the contract at any time. If she chose to disaffirm the contract before she turned 18, both parties would have to return the consideration to the other party. In this case, Ms. Carver would receive all rent money she paid, and the trailer would have to be returned to its state before Ms. Carver occupied it. Mr. Anderson was not renting the trailer and did not indicate that he would rent the trailer in the foreseeable future, so he cannot be compensated for rent he could have been earning with a different tenant. When Ms. Carver’s lawyers sent notice to Mr. Anderson that they wanted the lease agreement to be terminated, Ms. Carver was 18. Ms. Carver did not ratify the original contract once she became a majority, but she did continue to make rent payments. The request for termination also came two months after Ms. Carver became an adult, which may be out of the reasonable time after becoming a majority. This contract is also about shelter, a basic necessity of life. Ms. Carver could be held liable for the reasonable value of the necessary. However, Ms. Carver’s parents were more than willing to provide her with

Carver’s Counterarguments: Ms. Carver can call to disaffirm the contract at any time because she was a minor when it was conceived. Because the lease was signed around the same time that Ms. Carver was hired, Mr. Anderson should have known she was only 17 from her W-4 form. When Ms. Carver turned 18, Mr. Anderson could have asked for her to expressly ratify the contract. Mr. Anderson must also follow the law to mitigate the damages in the trailer. Ms. Carver should then be given the remaining balance of the rent once the trailer is professionally cleaned. Ms. Carver can also argue that two months was not enough time for her to have the capacity to understand the contract, so she could still disaffirm it. Last, Ms. Carver’s parents were more than willing to provide her with all necessaries to live.

Conclusion: Mr. Anderson has adequate evidence to succeed on a breach of contract claim against Ms. Carver. Additionally, if the damages in the apartment amount to a sum greater than $900, even with mitigation of damages, he may recover compensatory damages. He should not be punished for helping Ms. Carver out of a struggling