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Actually different states differentiate differently between adults and minor for

ID: 374163 • Letter: A

Question

Actually different states differentiate differently between adults and minor for legal capacity. In many states, for instance, consider NewYork, a person with more than the age of 18 are treated as adults and he can definitely enter into the contract. Persons with age less than 18 are considered as minors and they cannot enter into a legal contract.

While New York does not provide a formal procedure for the emancipation of minors, the court may grant a minor's request for emancipation in some rare instances. Generally, a New York court may consider a minor emancipated if he or she is:

Now, coming to the question if Bob is legally emancipated by the court then the written contract he made to buy the property of John's is legal and if at the later state he does not want to purchase then it purely depends on the terms of the contract. If at all there is any term for not selling/ not buying by offering some penal charges after the contract before buying or selling, then Bob can pay that much amount and purchase the one he wants to buy at Malibu.

If bob is not legally emancipated then the written contract made with the Bob is legally invalid, John does not sue him anymore. The contract itself is legally not valid so, it doesn't matter weather bob agrees/disagrees the contract. And further he cannot also make a contract purchase a house on the beach at Malibu.

Explanation / Answer

John sends Carol an e-mail message stating that if Carol will promise to pay him $500,000, John will sell his vacation home in Big Bear to Carol. John’s e-mail message also says that if Carol wants to buy his vacation home, she must e-mail his sister and let her know that she wants to buy the home by December 1, because John will be out of the country on an African safari with no e-mail access. John’s e-mail message provides his sister’s e-mail address to Carol, but is not courtesy copied to his sister. Before John leaves on safari, he signs a power of attorney authorizing his sister to sell his vacation home in his absence. On November 30, Carol replies to John’s e-mail stating that she wants to buy his vacation house. On December 6, John’s safari reaches a small town where John can telephone his sister. John asks his sister whether she has heard from Carol about buying the vacation home. His sister tells him that she has not heard from Carol. John instructs his sister to sell the vacation home to Bob. John explained to his sister that Bob was young, but had inherited a lot of money and previously said he wanted to buy the vacation home. John is anxious to sell the vacation home before the end of the year for income tax purposes. On December 18, on behalf of John, John’s sister enters into a written contract with Bob to sell the vacation home to Bob (assume that John’s sister has the authority to enter into a legally binding contract on John’s behalf). If it turns out that Bob is only 17 years old when he entered into the contract to buy John’s vacation home and Bob later decides that he does not want to buy John’s vacation home, but wants to buy a house on the beach in Malibu, will John be able to enforce the contract for Bob to buy John’s vacation house? Explain why or why not.

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