Chapter 8 – Capacity
Chapter 8 Exercises and References
End of Chapter Exercises
- Langstraat was seventeen when he purchased a motorcycle. When applying for insurance, he signed a “Notice of Rejection,” declining to purchase uninsured motorist coverage. He was involved in an accident with an uninsured motorist and sought to disaffirm his rejection of the uninsured motorist coverage on the basis of infancy. May he do so?
- Ivar, an infant, bought a used car—not a necessity—for $9,500. Seller took advantage of Ivar’s infancy: the car was really worth only $5,500. Can Ivar keep the car but disclaim liability for the $4,000 difference?
- If Ivar bought the car and it was a necessity, could he disclaim liability for the $4,000?
- If Ivar bought the car, and subsequently drove the car while it was having mechanical difficulties, resulting in blowing out the engine, can Ivar disaffirm the car? If so, will he have any liability in doing so? Under what theory?
- Alice Ace found her adult son’s Christmas stocking; Mrs. Ace herself had made it fifty years before. It was considerably deteriorated. Isabel, sixteen, handy with knitting, agreed to reknit it for $100, which Mrs. Ace paid in advance. Isabel, regrettably, lost the stocking. She returned the $100 to Mrs. Ace, who was very upset. May Mrs. Ace now sue Isabel for the loss of the stocking (conversion) and emotional distress?
References
Dodson v. Shrader, 824 S.W.2d 545 (Tenn. 1992).
First State Bank of Sinai v. Hyland, 399 N.W.2d 894 (S.D. 1987).
Gastonia Personnel Corp. v. Rogers, 172 S.E.2d 19 (N.C. 1970).
Hojnowski v. Vans Skate Park, 187 N.J. 323, 901 A.2d 381 (2006)
N.J.S.A. 9:17B-1
Albert, Clark, Guide to New Jersey Contract Law, NJICLE
William L. Prosser, Handbook of the Law of Torts, 4th ed. (St. Paul, MN: West, 1971), 999.
Restatement (Second) of Contracts, Section 13.
Restatement (Second) of Contracts, Section 16(b).
