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Homework answers / question archive / Sloop John B (hereinafter “Sloop”) a 17-year-old rapper extraordinaire, with the Group, Two Live Brew, traveled to Boston for a concert appearance
Sloop John B (hereinafter “Sloop”) a 17-year-old rapper extraordinaire, with the Group, Two Live Brew, traveled to Boston for a concert appearance. Sloop decided to purchase a sports car to take in the local sights. Sloop contracted to purchase a sports convertible from Prancing Horse Motors, Ltd. For the sum of $148,000. Sloop agreed to an electronic transfer of the purchase price from his Beverly Hills Bank upon his return to California and the car dealer reluctantly agreed to the arrangement. The following day, after the concert and an all- night party Sloop drove the new convertible into the hotel swimming pool and left it there! The following morning Sloop and his army of handlers (a/k/a posse) checked out of the hotel and left Boston, returning to L.A.. The auto dealership, Prancing Horse Motors, Ltd., contacted the band’s representative and Sloop refused to pay for the car. One year later, the car dealership filed suit in court seeking damages in the amount of $148,000.
You are the judge assigned the case. Who will be successful and why?
OPINION OF THE COURT
Judge________________
This is the story of Sloop and the Brew
I’ve studied the law and I’ll tell you what to do.
I’ve heard both your arguments and the facts to support
So here is the ruling of this Honorable Court.
(rap or rhyme is of course optional)
Answer:
JUDGEMENT
(only the final conclusion of Hon'ble Justice Mr. ____ )
[Prancing Horse Motors Limited hereinafter referred to as 'Complainant' and Sloop hereinafter referred to as 'Defendant' for the sake of brevity]
I, have heard the rival submissions made by both the parties and perused the material on record.
Under given facts and Circumstances, the Defendant was a minor who is not eligible to contract as per the ABC Contract Act. Therefore any contract entered into between and by a minor is Void ab initio and is not enforceable legally.
Under the given case there arises no contractual liability towards the Defendant to make payment for the car purchased and the complainant is not eligible to file a suit against any such contractual defaults with any resort to specific performance and or damages.
Therefore, suit stands dismissed. No cost.
Notes:
1. It is assumed that as per the contract act under the prevalent laws of the respective country within which falls the jurisdiction of this court, the Act specifies age of majority as 18 and contracts below the requisite age is not enforceable.
2. In a reverse scenario, if Sloop is eligible to contract, he will become liable to make payment under the clause of contractual liabil and may be legally penalised for not doing so.