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Brian, a used car dealer, entered into a written agreement to sell a car to Rebecca, a sixteen year old high school junior. The agreement provided that Brian would replace any defective parts for one year. Rebecca agreed to pay Brian $200 per month for three years (which she has done). The age of majority for the jurisdiction is eighteen. After six months, Rebecca’s transmission fails but Brian refuses to replace it. If Rebecca (or a representative on her behalf) brings a lawsuit against Brian, it is more like than not that the court will rule.
• Their contract was void
• Rebecca will lose because she lacked the capacity to enter into a contract
• Rebecca can recover only if the contract was considered a ‘necessity’
• Rebecca can recover because Brian was bound to the agreement.
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