Some of the contracts which minors can't disaffirm include education loan contracts, insurance (health and life) contracts, armed forces enlistment contracts etc. Further, in some states, if a minor who seems (in terms of appearance) to be of majority age misrepresents his age at the time of entering into a contract with a competent party, such a minor is treated as an individual who has attained the majority age and in such a case, the minor may not be able to disaffirm the contract. In most cases, when a minor enters into a contract whereby he or she is provided with a necessity by a competent party, his or her right to disaffirm such a contract becomes limited. Though the minor may still disaffirm such a contract (technically speaking), he or she still remains liable for a significant value of the consideration. This exception is designed to ensure that minors are still able to access necessities such as food, shelter and clothing when their parents or guardians fail to provide for the same. However, it sometimes becomes difficult for courts to determine whether a specific consideration is a necessity or not.
Analysis
Based on the fact that Tommy is a minor, the contract between him and the competent seller is voidable. This effectively means that Tommy has the option of disaffirming any contract to which he is party to until a specified time after he attains the majority age. In this case, Tommy has already demonstrated an intention to disaffirm the contract by handing over the keys of the automobile to the seller and asking for a refund of whet he paid at the time of the purchase. If state laws allow the return of the consideration regardless of its condition without any requirement for restoration, then Tommy is...
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