Question

Helen, age 17, wanted to buy a Harley-Davidson "Sportster" motorcycle. She did not have the funds to pay cash but persuaded the dealer to sell the cycle to her on credit. The dealer did so partly because Helen said that she was 22 and showed the dealer an identification card that falsely stated her age as 22. Helen drove the motorcycle away. A few days later, she damaged it and then returned it to the dealer and stated that she disaffirmed the contract because she was a minor. The dealer said that she could not because (1) she had misrepresented her age and (2) the motorcycle was damaged. Can she avoid the contract?

Answer 1

Answer:

Yes she can.

Explanation:

Common law says that a minor can walk away from a contract based on that they are a minor. It says that a minor does not have the capacity to get into a contract and so can get out of it even though she has damaged the motorcycle and lied about her age. That is called disaffirming or voiding the contract. Even though the minor misrepresented her age, the dealer should have taken all due care according to common law.

Some states however, say that she has to pay for the damage because she lied about her age and would otherwise not have been able to get into the contract had she not but can get she would be able to get out of the contract.

In other states she would not be able to avoid the contract because of the misrepresentation of her age.

Answer 2

Answer:No,she cannot repudiate the contract under the circumstances

Explanation: Helen will only succeed in disaffirming the contract of bicycle purchase if she can prove beyond reasonable doubts that the dealer is aware of her minor status and she must be able to also show that the damage to the bicycle was there as at the time if purchase and wasn't caused by her.

If she press further she might be tried for perjury for forging an ID card bearing a false age which may lead to forfeiture if the bicycle and stiffer fines . Helen should repair and keep the bicycle and move on.