Minors - Liability and breach of contract
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Matt and Peter are minors in their jurisdiction. Their parents agree that, on a trial basis, the can be "independent" and live away from home. Matt and Peter find an apartment their part time jobs can pay for. On their own, they enter into a one year lease and pay the first month's rent in advance. However, they fail to pay the second month's rent. And at the end of the second month, they move back home. The landlord sues them and their parents for breach of contract. What result?
(A) the liability of the minors for the full year's lease and for the months that they lived in the apartment -- the month that they paid for and the month that they did not pay for; and
(B) the liability of their parents. Assume that the parents did not sign the lease nor did they change the locks to prevent their sons from returning home.
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Referring to the scenario, this solution provides the bast answer and explanation concerning minors, liability and breach of contract e.g. parents' role.
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Law, Contracts
Year 1
Minors
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Matt and Peter are minors in their jurisdiction. Their parents agree that, on a trial basis, the can be "independent" and live away from home. Matt and Peter find an apartment their part time jobs can pay for. On their own, they enter into a one year lease and pay the first month's rent in advance. However, they fail to pay the second month's rent. And at the end of the second month, they move back home. The landlord sues them and their parents for breach of contract. What result?
(A) the liability of the minors for the full year's lease and for the months that they lived in the apartment -- the month that they paid for and the month that they did not pay for; and
(B)the liability of their parents. Assume that the parents did not sign the lease nor did they change the locks to prevent their sons from returning home.
No files attached.
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Bid Credits: 2 Deadline: March 28, 2005, 9:55 pm EST
Best answer: (B) the liability of their parents. Assume that the parents did not sign the lease nor did they change the locks to prevent their sons from returning home.
5. Liability for Necessaries
Necessaries are food, clothing, shelter, medicine, and hospital care-whatever a court believes is necessary to maintain a person's status.
a. Minor's Liability
A minor may disaffirm the contract but remains liable for the reasonable value (to avoid unjust enrichment).
b. Parents' Liability
If a minor's parent is able to provide the minor with necessaries but fails to do so, the parent will be liable to a seller or provider for the reasonable value of the necessaries.
However, if the boys were living 200 miles away and going to University, for example, this would be different and (a) would apply. In this case, the boys should be liable for the balance of the lease based on the rules of Contract by Necessary.
1)shelter would then be necessary (since they no longer lives with parents)
2)the value is up to a level required to maintain her standard of living or financial and social ...
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