Description
4. Disaffirming Contracts Made By Minors: Many states have statutes that deny disaffirmance if the minor has signed a written statement falsely asserting adult status. Find two of these states and compare the similarities or differences between their statutes. Must be 4 pages long excluding a bibliography and You must cite to your authorities in the narrative body of your Paper using whatever citation style you are most familiar with. Includes a bibliography
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Explanation & Answer
Attached.
Running head: COMPARING AND CONTRASTING DISAFFIRMING CONTRACTS
Comparing and Contrasting Disaffirming Contracts
Institution Affiliation
Date
1
COMPARING AND CONTRASTING DISAFFIRMING CONTRACTS
Introduction
The infancy doctrine also known as “no- accountability shield” provides that a child’s
contract is voidable that is the transaction is sort of valid but the child can disaffirm the
contract and contract the legal obligations that arise from it. According to Barnett & Oman
(2016), children do not have the capacity to contract due to their inability to manifest the
assent to a bargain that would result in a contractual liability. The reasoning behind this
doctrine is that minors are immature mentally and experience wise and therefore it is up to
the law to protect them from adults who may take advantage of them. Children are perceived
by the law to be incapable of understanding the legal significance of their actions and
therefore should not be held to the same standards as adults when it comes to legal
responsibilities.
Law on Disaffirmance of Contracts by Minors in Washington & Iowa
Most states have stipulated 18 to be the age of majority or where a person has a capacity.
Previously, the laws on misrepresentation of age provided that a minor would still not have
capacity in the contract if they lied about their age. However, the law currently provides for
misrepresentation of age as a defense to one’s intention to avoid a contract (Preston, 2010).
There are however several states in the US that have statutes which deny disaffirmance if the
minor had signed a written agreement falsely asserting adult status. Two of those states are
Iowa and Washington states.
One of those states is Washington State which provides for contract law under Title 26
domestic Relations in the ...