Marsha bought a car from Indy Auto Sales when she was 16. Marsha\'s parents had

Question

Marsha bought a car from Indy Auto Sales when she was 16. Marsha's parents had given their consent for Marsha to purchae the car. However, in order to buy the car, Marsha lied about her age. A few months later, Masha was intoxicated, driving too fast , and caused an accident with Mr. Jones. Marsha's car was totally destroyd, and Mr Jones car was badly damaged. Marsh wishes to mnimize her liability for this accident. Which of the following best describes this situation?

a. Marsha can disaffirm the auto sales contract, get back all her money, and disaffirm any damage done to Mr. Jones because she is a minor.

b. Marsha must place Indi Auto Sales in status quo to disaffirm the contract.

c. Because Marsha's parents consented to Marsha buying the car, Marsha cannot disaffirm the contract.

d. Because Marsha's parents consented to Marsha buying the car, they are liable to both Indy Auto Sales and Mr. Jones.

Explanation / Answer

Please look at the given options and try to cancel out them one by one.

Let me start with option 3 and 4. In option d, Because Marsha's parents consented to Marsha buying the car, they are liable to both Indy Auto Sales and Mr. Jones. Its not true. Mere consent of parents shall not become a condition for parents to be liable. However Marsha is not of legal age thus her legal representatives(parents) shall be liable, but lets us look at other options first.

Come to option 3 now, Because Marsha's parents consented to Marsha buying the car, Marsha cannot disaffirm the contract. This is also not true. Even if Marsha's parents would not have given their consent and she goes to buy a car, she still cannot diaffirm the contract.

Option a is also not true, Marsha has given false representation, However Indi Auto Sales din't knew this fact. Thus she must be help liable for her representation. Thus she can't get away with the contract and cannot diaffirm any damages done to Mr Jones because she is a minor.

Look at option b. 2nd statement seems fine. Marsha must place India Auto Sales in Status quo to disaffirm the contract.

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