Claims regarding unenforceability correct

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Reference no: EM135084

Trevor Hawthorne (age 16), was working at the Burger Hut when he got into a conversation with Gary Witherspoon (age 47) about Gary's 1967 Chevy Corvette. Gary has begun that he has had a few problems with the car as of late as well as that he would be happy to sell it to anyone who would take it off his hands "as is" if they offered him $400 for the car. Trevor who think to be a mechanic asked Gary several questions about the specific problems with the car and Gary provided detailed answers.

Trevor then conversant Gary that he could pay him the $400 but he did not have it on him at that time. Gary responded that he would be there next Saturday after his bowling league, as usual and Trevor could pay him at that time. However, that Saturday when Gary went to give the money to Gary, Gary replied that he had made a deal with someone else the day before to sell the car for $5,000. Trevor said he would sue Gary for breach of contract. Gary demanded that they did not have a contract and even if they did it would be unenforceable because Trevor was a minor. Further, Gary said he had had "a couple of beers" that night, and the contract would be unenforceable due to his intoxication.

From this fact pattern, did Trevor and Gary form a valid contract and if so were any of Gary's claims regarding unenforceability correct? Must be in Legal Memorandum form.

Reference no: EM135084


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