Paralegal Exam Prep

Category - Contracts

With her parent’s permission, 17-year-old Julia moved out of her parents’ home and rented an apartment close to where she attended school. She signed a 12-month lease. The rent was $400 per month. After 2 months she missed her parents terribly and decided to move back to her parents’ home. She informed her landlord of her intention to break the lease and moved out. Julia's landlord sued Julia for the remaining 10 months of rent payments. Who will win?
  1. The landlord. It is clear that Julia entered into the lease without the intention of staying for the entire term of the lease.
  2. Julia, because the landlord should have understood that Julia missed her parents.
  3. Julia, because she gave the landlord sufficient notice that she planned to move.
  4. Julia. Because Julia is a minor, she will be deemed as not having the capacity to enter into a contract.
  5. The landlord. Even though Julia is a minor, contracts for necessities are not voidable due to lack of majority.
Explanation
Answer: E. The landlord will win. Even though Julia is a minor, contracts for necessities are not voidable due to lack of majority. The general rule is that minors are deemed to not have the capacity to enter into contracts and have the option to avoid a contract. However, contracts for necessities are an exception to this general rule.
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