Book Opener

Draft RegistrationCelebrating your 18thbirthday? If you area young man in theUnited States, youhave just reached theage for mandatorydraft registration.Started during the CivilWar, the draft has notalways been popular. Itwas so unpopular afterthe Vietnam War that itwas abolished from1973–1979. Congressbrought the draft backin 1980 for men 18–25years old. What aresome other ways thatthe governmentcould get young mento join the military?Get InvolvedFind out how the draftboard selects who willbe drafted and underwhat conditions. Shareyour findings withyoung men who willneed to register for thedraft soon.“Reasonable time” has no exact definition. It varies under differentcircumstances, and is determined by a judge or a jury acting on a judge’sinstructions. A reasonable time for a person to return a perishable itemsuch as a birthday cake, for example, would be less than a reasonabletime for returning a nonperishable item, such as an automobile or aCD player.Contracts for NecessariesA minor is held responsible for the fair value of necessaries.Necessaries , sometimes called necessities, include food, clothing, shelter,and medical care. Under common law, one’s “station in life” has abearing on whether an item is a necessary. A $150 pair of custom-madeshoes may be a necessary for someone who has a foot injury. In contrast,a pair of designer shoes could be considered a luxury for someone else.If a minor pays more than the fair value for a necessary, he or she is entitledto the difference between the fair value and the price actually paid.Example 3. Suppose that Eddie DeFino purchased a sweater, hat,jacket, and pair of boots from a retail store. If these items werethings he actually needed, Eddie would be bound to keep themand pay the fair value for them. However, Eddie must actuallyneed the clothing. In addition, it must be shown that he was notbeing adequately provided for by his parents or guardian. If he alreadyhad plenty of winter clothing or if his parents were willingand able to support him, then the items would not be considerednecessaries, and he could disaffirm the contract in the regular way.Special Statutory RulesMany states have made changes in their statutes that control thecapacity of minors to enter into contracts. For example, many statesgive minors the capacity to enter into contracts for car insurance andlife insurance. Some states give limited capacity to minors who areengaged in businesses in their own names to make contracts that areessential to running that business. Other states treat married minors asadults. Still others consider the renting of an apartment as a necessary,regardless of whether the minor actually needs it. These are just a fewof the many differences in state statutes regarding minors. Minors shouldcheck the statutes of their own states to find out about special contractualcapacities that they may be allowed.Minors are protected by the special rights given to them, but theirrights are limited at the same time. In effect, the law warns adults againstcontracting with minors, except for necessaries. Consequently, minorsmay be required to have their parents make major purchases for them.Parents may also need to guarantee contracts made by their children.156 Unit 2: Entering Into Contracts