know from chapter 13 that minors lack legal capacity and can normally
create only voidable contracts. However, what about a minor who has been
emancipated? Most minors remain under the guardianship of their parents
until they turn 18. However, some minors become emancipated from their
parents before 18, which means they can make their own decisions and
don't have to do what their parents say. In most states a minor must
become emancipated if they want to get married before they are 18.
age 17, a young woman named Dannee became emancipated and married her
high school sweetheart. Later that year (before turning 18) she was hit
broadside by a De Anza student who was texting while driving and ran a
red light. The De Anza student's insurance company offered Dannee $2,500
for her injuries. Dannee accepted, took the money, and signed a
contract stating that she would give up her right to sue the De Anza
student or try to get any additional money for the accident. After
consulting with her husband and father, Dannee decided that she wanted
to void the contract and try to get more money.
Answer the following questions:
Dannee be able to void the contract she made because she is a minor?
Does it make any difference that she is an emancipated minor and no
longer under the guardianship of her parents? What are the best
arguments on both sides of this case? What do you think the rule should
be and why?
Your answer should be at least 2 - 3 paragraphs.