Contracts and Sales Multistate Bar Practice Exam

When may a minor disaffirm a contract?

1. Only at the age of 21

2. Only after they have turned 18

3. Anytime before or shortly after reaching the age of majority

4. Once they have retained benefits indefinitely

The correct answer is: Anytime before or shortly after reaching the age of majority

A minor may disaffirm a contract at any time before or shortly after reaching the age of majority. This principle is grounded in the doctrine of protecting minors from contractual obligations they may not fully comprehend due to their age. The law typically allows minors to void contracts to promote their welfare and provide them the opportunity to escape any unfavorable agreements made during their minority. The age of majority varies by state, but it is generally 18 years in the United States. Therefore, a minor can choose to disaffirm a contract either while still a minor or within a reasonable time after turning 18. This option provides them with flexibility and safeguards against exploitation. In contrast, the other choices do not adequately reflect the legal background surrounding a minor's ability to disaffirm a contract. For example, stating that disaffirmance is only possible at the age of 21 or only after turning 18 overlooks the minor's rights during the period before reaching the age of majority. Additionally, the notion that benefits can be retained indefinitely contradicts the general principle that a minor must act promptly to disaffirm a contract once they reach the age of majority. Therefore, the correct understanding of a minor's ability to disaffirm a contract aligns with the idea that they can do so anytime before or