Legal Question in Business Law in California

exam

does failure to disafirm an executory contract after reaching the age of majority imply ratification?


Asked on 11/21/06, 4:38 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: exam

A minor can disaffirm within a reasonable time after reaching majority. Hence, a failure to disaffirm the day before or the day after his or her 18th birthday is not automatically a ratification. Case law seems to indicate that disaffirmance even several years into majority can still amount to a valid rescission. The outcome is going to be fact-specific and there are no real hard and fast rules.

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Answered on 11/21/06, 4:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: exam

Does asking lawyers to answer an exam question for you instead of researching the answer for yourself imply laziness?

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Answered on 11/21/06, 11:32 pm


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