Essay Sample on Facts - What happened?

In this case Hellen a minor persuaded a motorcycle dealer to sell her a motorcycle on credit by falsifying her age to get into a contract with the dealer. A few days later though, after using the bike and damaging it, Hellen came back to the dealer intending to void the contract stating that she was actually a minor. The dealer, however, wants Hellen to account for the damages caused to the bike because she had previously misrepresented her age.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

Issue - What is the question of law?

The question of law, in this case, is Liability for minors' torts and crimes. The person who is accountable for the damage caused is a minor who intends to void a pre-existing contract to escape liability.

Holding - What is your decision?

The motorcycle dealer, in this case, is justified to ask for the customer to uphold her end of the contract because when the deal was signed, Hellen presented a false identity misleading the dealer into thinking that he was getting into business with an adult who could be fully held accountable for their actions.

On the other hand, Hellen, the customer has the option to opt out of the contract as provided in the law because she is a minor. The motorcycle that she purchased was not a necessity that the minor required, so the law provides room for the minor to disaffirm the contract.

Considering both sides of the case, I would decide to allow the customer, Hellen, to disaffirm the contract and return the damaged motorcycle to the dealer getting her money back.

Secondly, I would recommend that the dealer press charges against the minor for the tort of fraud, and this would enable him to recover the damages suffered in the failed business transaction. This is because the law does not protect minors who have committed a tort, as much as the contracts they make can be voided, they can be held responsible for the damages they cause.

Reasoning - What Principles of the law did you base your decision on?

My decision in the case mentioned above is based on the principle of liability for minors' torts and crimes. Children are protected from their experiences in life but not from their wrongdoings. The decision to let the motorcycle dealer sue Hellen for the damages caused on the returned motorcycle, as well as for fraud is because she had falsified her age when she first purchased the bike.

Urging the dealer on his side to agree to void the contract is in line with the principle on minor's contracts, which renders any contracts made with an individual who has not yet attained the age of majority voidable, but only if the minor wants to disaffirm the contract.

This was the case with the dealer, and he had to comply with the law even though he was not aware that he was dealing with a minor.

In this case, a law was broken, and someone had to be held accountable, albeit a minor. An aspect of the law also had to be upheld to protect that same minor.

As much as the laws are passed for the protection of minors against adults who might take advantage of them, this protection should not be used as a cover for the minors to cause damage and suffering to others and get away with it.