Legal Question in Consumer Law in New Jersey

My 15 years daughter purchased clothing items for about $300.00 from a clothing store one week ago. We decided to return items worth $208.00 to the store in Ridgewood NJ today. The items were returned but my juvenile daughter was not aware of the no refund policy was given store credit only. ( the items were in the same order as they were purchased with the tags on). I explained to the manager that my daughter is minore 15 years old , store would not give cash refund. Do I have a case in court ? If yes what should I do? Thank you


Asked on 7/21/15, 6:25 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

A minor does not have the legal capacity to make a contracts and (to protect minors from unscrupulous adults) minors can avoid any contract they make except for the necessaries of life. Moreover, when a minor avoids a contract in a jurisdiction that follows traditional common law, the minor has to return only what they still have in whatever condition it is to be entitled to a full refund. Applied to your situation and assuming that your daughter was already dressed for the season, she can return everything in its present condition and receive a full refund. The store's no refund policy is not binding on your daughter so long as she makes a good faith effort to return what she still has.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/28/15, 10:01 am


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