Legal Question in Business Law in Pennsylvania
Contract law
My 16 year old daughter purchased a dress for $300.00. Thirty minutes after I tried to return it. The owner refused citing a no return policy. As a minor should she be able to return the dress, despite the return policy?
2 Answers from Attorneys
Re: Contract law
I agree, the court is unlikely to consider the dress a necessity. Good luck with the district justice court.
Re: Contract law
The general rule is that a minor is not competent to enter into a valid contract. Contracts with minors are voidable upon the minor's disaffirmance after reaching the age of majority. A void contract is one which is deemed at Law never to have existed. A voidable contract is slightly different: it exists until it is repudiated by one of the parties. What I would recommend is that you write a letter to the store reciting the facts in detail, then advise the store that it improperly refused to void the contract. If the store has a parent company or a center of business, carbon copy them on the letter. Give them one month to comply. Feel free to write me directly with questions or call the office.
Danny Cevallos, Esquire
267.639.3105
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