The s Legal Capacity Of Children Statute Essay - 786 Words

It is likely that a court will find Caterers Unlimited did not contract with Kris Hamilton for items deemed as necessaries under Utah’s Legal Capacity of Children statute. The statute states â€Å"a minor is bound not only for reasonable value of necessaries but also by his contracts, unless he disaffirms them.† Utah Code Ann.  § 15-2-2 (1953). The Utah court further explains this legislation in Harvey v. Hadfield, where the court specifically recognizes â€Å"the justice and propriety of refusing to enforce contracts against minors, except for necessities† and reaffirms that the purpose of the 15-2 statute is to protect minors from imprudent acts until they â€Å"have the maturity of judgment necessary to deal with opposing parties on equal terms so that it is fair and equitable to bind them by their acts.† Harvey v. Hadfield, 13 Utah 2d 258, 372 P.2d 985 (1962). Although the Utah courts have failed to explicitly define the term â€Å"necessaries, † authority from the Arizona Court of Appeals in the Valencia v. White case determined that necessaries constitute items such as food, clothing, housing, and other basic requirements to sustain life Valencia v. White, 134 Ariz. 139, 654 P.2d 287 (Ct. App. 1982). It should be noted that the Arizona court did not created a strict test to determine necessaries, instead choosing to determine each case on a â€Å"factual and reasonable basis.† In the Valencia case the minor entered into a contract crucial to the operation of his trucking company. At theShow MoreRelatedHollingsworth vs. Perry: Case Study1223 Words   |  5 Pagesthe equal protection of the laws. Section 1983 of the Civil Rights Act, 42 U.S.C.S. à ¸ ¢Ã  ¸â€¡ 1983, provides the mechanism for people to recover against the state for those violations. Section 1983 provides that, Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rightsRead MoreRe : Jane s Asylum1742 Words   |  7 PagesShort Answer No. Under relevant case law, the proper person to file for asylum is Jane’s father John. Applicable Statute Gonzalez v. Reno, 212 F.3d 1338 (2000). No preexistent law compels no particular policy for plaintiffs situation, Immigration and Naturalization Service was entitled to make policy decision: that plaintiff s father was the proper person to apply for plaintiff s asylum. 2. Short Answer No. The burden of proof is on Jane to show that she has a valid asylum claim. Jane mayRead MoreContracts And Pledges : Binding Legal Relationships With Minors891 Words   |  4 PagesContracts and Pledges: Binding Legal Relationships with Minors One of elements of a valid contract is the contractual capacity which is the legal ability to enter into contracts. Minors who may have capacity enter into a valid contract, can also avoid liability arising out of it by virtue of being a minor for in law, they are not legally bound by contracts. In all the States of the U.S., all persons who are less than 18 years old are minors. However, this right to void a contract entered into byRead MoreSalomon v A Salomon Co Ltd1337 Words   |  6 Pagescreditors of an insolvent company could not sue the company s shareholders to pay up outstanding debts. Facts[edit] MrAron Salomon made  leather  boots and shoes in a large  Whitechapel High Street  establishment. His sons wanted to become business partners, so he turned the business into a limited company. His wife and five eldest children became subscribers 5 and two eldest sons also directors. Mr Salomon took 20,000 of the company s 20,006 shares. Transfer of the business took place on June 1Read MoreThe Case Salomon V Salomon Co Ltd1242 Words   |  5 PagesAt law, a company will become a new and separate legal entity and have limited liability once it is incorporated, and is capable of entering into contracts, and to sue and be sued. It will be completely separate from the members who have formed the company, and from the members that manage it. The separate legal personality was first established in the case Salomon v Salomon Co Ltd and described the doctrine as a ‘double-edged sword’. This essay will explain the competing interests of this doctrineRead MoreHobby Lob by The Court Reiterated1898 Words   |  8 Pagesrequiring health insurance to cover both Germanotta’s and Maraj s claims. Now the Court will decide whether either or both Germanotta and Maraj can be legally classified as Bridge s wives. The right to marry is a fundamental First Amendment right, and is derived from one s right to privacy. Therefore, as a fundamental right, any government regulation restricting marriage must pass the strict scrutiny test. Polygamy currently is not legal; in order to obtain a marriage license in Nevada, a requirementRead MoreThe Issue Of The Juvenile Justice System Essay1539 Words   |  7 Pagesmeaning Young (who has not attained the age of 18 years). A Children have been recognized supremely assets of the Nation. The government of India through its National Policy for Children stated that their nurture and solicitude are our responsibility. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice. Children ought to have been the subj ect of prime focus of developmentRead MoreBasic Concepts in the Law of Contracts5006 Words   |  21 Pagesbusiness. They are a legal mechanism used in every industry and every part of the world to structure relationships among firms, and with customers, partners, and suppliers. Over several centuries, the law governing contracts has developed a large number of doctrines. Most are consistent with common sense, but unless you know what the rules are, you can easily make a mistake. This document introduces the fundamentals of contract law most relevant to businesspeople. Important legal terms are italicizedRead MoreShould Abortion Be Legal?1652 Words   |  7 Pageshands of a teenager. This is the case of many unborn children. In today s society teens are allowed to have abortions with or without parental consent, even under the age of 18. Allowing abortions is overriding the basic human rights. Teens under the age of 18 shouldn t be allowed to have an abortion because of the basic human rights of a fetus. Teens themselves don t have certain rights so how are they allowed to have rights over someone else s life. Teens under the age of 18 can t get major surgeriesRead MoreCapital Punishment Of The United States1495 Words   |  6 Pagesconsequence diverge by state and have reformed over period. Numerous regions have never had capital penance, one of the example that Michigan, which eradicated it soon after joining the side of the Union. Article four, Section forty-six of Michigan s fourth part of the Constitution forbids any regulation that provides the consequence of the death. Early in the 21 century, a lawful amendment projected to permit capital punishment in particular situations miscarried to create it on the November poll