New York Law (NYLE) Practice Exam

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A husband and wife, both of whom just turned 18, entered into a contract to borrow money to purchase a home when they were 17. Can they disaffirm the contract now that they are 18?

  1. Yes, because an infant may disaffirm any contract that the infant entered into prior to reaching the age of 18.

  2. Yes, because a contract entered into by an infant to borrow money to purchase a home may always be disaffirmed.

  3. No, because there is no right to disaffirm a contract entered into at age 17.

  4. No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home.

The correct answer is: No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home.

The contract in question can be analyzed through the lens of capacity to contract, particularly when it involves minors. In New York, individuals under the age of 18 are considered minors (or "infants") and generally have the right to disaffirm contracts they enter into while they are minor. However, this right to disaffirm is constrained by certain circumstances. Even though the husband and wife in this scenario have just turned 18, the ability to disaffirm a contract does not apply uniformly to all contracts, particularly when it comes to financial agreements related to home purchases. In many jurisdictions, including New York, there are specific rules regarding contracts made by minors, particularly in regard to necessaries, or where public policy considerations come into play. In particular, when it comes to married couples, the law usually imposes additional responsibilities and acknowledgments that may restrict their ability to disaffirm certain agreements. As such, the rule that a married couple may not disaffirm a contract they entered into as infants holds weight since it recognizes the significance of their adult status and obligations upon entering a marriage. Therefore, as they are now married adults, they would be bound by the contract they entered into as minors regarding the home purchase, limiting their option to disaffirm it now

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