the power of disaffirmance for a reasonable period after reaching the
attitude is the doctrine of disaffirmance."); Juanda Lowder Daniel,
For example, a judge may find that a child who knowingly says that he is eighteen to create an online account was sufficiently knowledgeable and willful about the fact so as to disallow disaffirmance; in another instance, however, a judge may find that a child who simply provided his email address to create an account or played online games was unaware that, in doing so, he had represented that he was eighteen and so lacked the requisite intent to deceive.
(172) In one case, the failure of a party to make any inquiry into a child's age was insufficient to prevent disaffirmance where the child did not realize that he was making a representation of his age.
(51) Their Honours implied that conduct that merely evidences the existence of a contract, and which is not of itself necessarily inconsistent with disaffirmance, would not sustain a defence of elective affirmation in the absence of proof of knowledge of rights.
In saying that the plaintiff in Elder's did not exercise any rights 'adversely to' the company (but rather acted merely neutrally, by proceeding as if he were a shareholder and not disclaiming that character), the High Court simply observed that '[h]e did nothing inconsistent with renunciation or disaffirmance'.
The text of the Model Rules at no time mentions noisy withdrawal or disaffirmance
of work product.
(3) (A)ny emancipated minor or any minor who has contracted a lawful marriage or borne a child may give consent to the furnishing of hospital, medical, dental or surgical care to his or her child or himself or herself and such consent shall not be subject to disaffirmance
because of minority.
(165) Calamari & Perillo, supra note 160, at 311 (noting that disaffirmance
is allowed so long as the disaffirmance
does not result in a benefit to the minor and a prejudice to the other party) (citing Adamowski v.
Although a local government may be the beneficiary of an LOC, this fact does not exempt this instrument from the RTC's sweeping power of disaffirmance
. In a RTC takeover, such an LOC is not treated as the equivalent of public funds deposited in the institution, but is simply another contingent, and disavowable, contractual liability of the issuing bank or savings and loan.
Title II allows the receiver to disaffirm contracts or leases that detract from the interest of the receiver in any CFC assets because the contract is burdensome or disaffirmance
would otherwise promote "orderly administration." (202) This power applies regardless of whether the contract or lease is executory.
(C) the disaffirmance
or repudiation of which the conservator or receiver determines, in the conservator's or receiver's discretion, will promote the orderly administration of the institution's affairs.