Tuesday, November 25, 2014

Wants or Needs? -- for Josie's Two Shoes Tuesday

[picture of a toy  1950 Studebaker Starlight Coupe, a cast iron model of my first car]
[for a list of all the cars I have owned, see item Four, here]
[I have quite a few cast iron 1:18 scale toy cars, this one included.] 
[Also I have one similar to most of the older cars I have owned.]

"You don't necessary get what you want but you do get what you need."

Words I'll always remember when teaching my Business Law classes and getting to where I could recite that.  It would bring smiles, and some I think actually understood the principle of law behind it.  The Rolling Stones song, "You Can't Always Get What You Want" (the title but it goes on, " ... But if you try sometime, you just might find You get what you need")
Read more: Rolling Stones - You Can't Always Get What You Want Lyrics | MetroLyrics


Involved was contract made by a minor.  The law states that "if a contract is for a "necessity," such as food or emergency medical care, the minor cannot void the contract." http://www.masslegalhelp.org/children-and-families/emancipation 

General rule:  A contract made by a minor is not enforceable as they are too young to understand the obligation that they are entering.  In most states contractual capacity, having mental capacity as to understand the nature of their bargain, is lacking until a person reaches age 18 or 21, most states now this age is 18.  (You can check yours if the need arises.)

Exception to the general rule for minors: If a contract is for a "necessity," such as food or emergency medical care, the minor cannot avoid his end of the contract.

How does this affect me?  If I make a contract to  a minor he can make me perform but I cannot make him honor his side of the bargain.  What he will do has the legal name of "avoiding his contractual obligation."  After he becomes of age within a reasonable time he can "affirm" his contract by some act, as paying money, living in the property, or doing work on it, etc.  If he does nothing then it is still avoidable because he made it when he was a minor.

Bottom line, don't enter into a contract with a minor.  Have an adult 'countersign', 'co-sign', or just plain make it for the minor.  Like my dad did when I bought my first car, he signed for it. 

Had I signed for it I could have gone for a joy ride, blown the engine, and then refused to pay for the car or even bring it back, just leave it where the seller could get it.  That is for pleasure ride use, but had I driven it to buy food (a necessity but not 'luxury food', and then blown it, I would have had to pay for reasonable use, probably the same amount as a taxi would charge me. 

This is the way the law operates in most states.  But not all states are the same.  But beware the consequences for you if you make a contract with a minor.

[picture of a toy  1950 Studebaker Starlight Coupe, my first car]
[for a list of all the cars I have owned, see item Four, here]

I am linked with Josie Two Shoes' writing challenge, Two Shoes Tuesday (link)
Her writing themes for November 25th to choose from are wants and needs.  I used both.

- - - - -

You Can't Always Get What You Want
(The Rolling Stone's song Lyrics)
..
"Well, I saw her today at the reception
A glass of wine in her hand
I knew she would go meet her connection
At her feet was her footloose man
 
No, you can't always get what you want
aaaahhwaw
No, you can't always get what you want
aaaahhwaw
No, you can't always get what you want
aaaahhwaw
But if you try sometime, you just might find
You get what you need
 
And I went down to the demonstration
To get my fair shares of abuse
Singing, "We're gonna vent our frustration
And if we don't, we are going to blow a 50-amp fuse", yeah
And no, you can't always get what you want**

 aaaahhwaw
No, you can't always get what you want
aaaahhwaw
Well, no, you can't always get what you want
aaaahhwaw
But if you try sometimes you just might find
You get what you need, baby
 
And I went down to the Chelsea drugstore
To get your prescriptions filled
I was standin' in line with Mr. Jimmy
And man, did he look pretty ill
 
We decided to have a soda
"Whatcha favorite flavor?", "Cherry red"
And I sung my song to my friend Jimmy
And he said one word back to me, that was "Dead"
I said
 
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
But if you try sometimes, you just might find
You get what you need
 
Oh, you can't always get what you want
aaaahhwaw
You can't always get what you want
aaaahhwaw
You can't always get what you want
aaaahhwaw
You can't always get what you want
aaaahhwaw
 
And I saw her today at the reception
In her glass was a bleeding man
And she was practised that the art of deception
I could tell by her blood-stained hands
 
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
 
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
Oh, you can't always get what you want
aaaahhwaw
But if you try sometimes you just might find
You get what you need
"
Read more: Rolling Stones - You Can't Always Get What You Want Lyrics | MetroLyrics

**Notes: 
 - 1.  Practice or Practise?  See this link: 
http://www.grammar-monster.com/easily_confused/practice_practise.htm
 - 2.  Remind you of Ferguson, Missouri's situation today?

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Comments:
Good advice. Thanks for sharing. That is one of my favorite Rolling Stones songs too. ;)
 
Interesting information Jim. As I understand it contracts made with minors in Australia under 18 are illegal. Which makes work contracts unenforceable for minors and which they can refute legally on reaching 18. Apprenticeship contracts under that age would presumably be signed by a legal guardian.
 
I love that song by The Stones - it is relevant to so much of life.
 
This was interesting, I learned something I didn't know! It certainly makes contracting with minors somewhat complicated, since there are some outs for them, though not in all situations. I'm thinking that a smart person wouldn't enter into a contract with a minor to begin with, unless they were very certain of the character of said minor. I love your song choice, perfect for this prompt, and I think in life that ultimately proves true.
 
Nicely expressed!
Hope we have enough for our needs!
Not easy to satisfy wants or greed! :)
 
Thank you for explaining about a contract made by a minor, Dr Jim :)
 
Interesting where the prompts take us. I do like that song. The picture was fab.
 

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