Reference no: EM13789575
Lisa is walking down the street in January when she notices a young man named Denny. Denny looks a little worse for wear, so Lisa offers to buy him lunch. As they are talking, Denny says to Lisa: "I'm in a pretty rough spot. I don't have any money right now. But I promise to pay you $450 if you give me that coat you are carrying and some food (that sum represents the reasonable value of those items). Lisa responds: "How old are you?" Denny states that he is 20. However, this is a lie. Denny is actually 16. Lisa looks him over one more time, and she agrees to the exchange.
Before they leave, Denny says,"Actually, I will promise to give you another $50 if you let me borrow your bike."
Lisa writes down all of these promises into a contract. Both parties sign the contract, and they go to the bank and have it notarized.
A week later Denny trashes the bike, and he tells Lisa that he is not going to pay. Lisa sues Denny in court for breach of contract, and she learns that he is only 16. What is likely to happen in the court case?Lisa vs. Denny contract law and capacity
Upon signing the contract from Lisa's sides, both Lisa and Denny had actually entered into a legally binding considering there was an offer in place where by Denny offered to pay $450 to Lisa for her coat, some food and eventually $50 for her bike, willingness to contract where by Lisa was at the start willing to give out her coat, bike and money for lunch for overall stated price, a consideration worth $500 which was to be given at a later date in regard to the acquisition of the coat, the bike and the money given for lunch purposes and agreement where both parties ended signing the contract which ultimately declared the existence of the contract. (four elements of a contract, 2015)
On the other hand taking into consideration of the situation from Denny's legal standing point, the contract shouldn't be in existence and is not legal nor binding in anyway due to the fact that Denny provided false information regarding his age which was basically a case of fraudulent misinterpretation whereby he claimed to be 20 years old where else in real senses he was only 16 years of age with no capacity to enter into contract with Lisa who seems to have the capacity in terms of age. (invalidility of contracts, 2015)
Based on the two outcomes provided above and standing on the fact that the illegality of the contract was not on Lisa's side and that she had taken a step to confirm Denny's age before entering into the contract with him and that Denny himself was the wrong doer in the whole situation personally I would say the court case would favor Lisa irrespective of the fact that Denny was only 16 years and not 20 years as he had stated before entering into the contract with Lisa and that he had ultimately breached the contract where else Lisa had maintained the legality of the contract declaring her the innocent party based on contractual law.
Hence the verdict would be that Denny; irrespective of his age, would be charged with a case of fraud and falsity upon contracting and the eventual case would be:
Lisa vs. Denny
Based on the above findings it would be held that Denny was found guilty on the stands of falsity and fraudent actions and was due entitled to some form of law enforcement for juvenile related incidents with Lisa given room to seek compensation for the damages incurred in the process of entering into the contract with Denny for breach of contract.
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