Disaffirmance


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DISAFFIRMANCE. The act by which a person who has entered into a voidable contract; as, for example, an infant, does disagree to such contract, and declares he will not abide by it.
     2. Disaffirmance is express or implied. The former, when the declaration is made in terms that the party will not abide by the contract. The latter, when he does an act which plainly manifests his determination not to abide by it; as, where an infant made a deed for his land, and, on coming of age, be made a deed for the same land to another. 2 Dev. & Bat. 320; 10 Pet. 58; 13 Mass. 371, 375.

References in periodicals archive ?
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.
If a court interprets "good reason" too strictly, then there is the risk that it would be impossible for companies to enter into agreements with children online that are not at risk of disaffirmance, regardless of the intent behind a child's misrepresentation.
Neither the payments made by the purchaser nor his unsuccessful attempts to sell the land or renegotiate with the vendor signalled an unequivocal decision against disaffirmance of the contractual relationship.
53) On this (rather inconclusive) view, an election to affirm a contract simply involves knowledge of the facts giving rise to the disaffirmation power, together with an unequivocal performative act inconsistent with disaffirmance.
The text of the Model Rules at no time mentions noisy withdrawal or disaffirmance of work product.
150) Second, the force of the device remains at least equal to the Model Rules; where the Model Rules permit disaffirmance, Part 205 may require disaffirmance.
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.
The increases in real estate expenses in both current periods is due in large part to the vacancy of two properties, one resulting from a tenant not renewing its lease and the other part from disaffirmance of a lease by a tenant which filed for bankruptcy protection.
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.
LeToya and Latavia first filed suit after their expulsion from the group, which was precipitated by their disaffirmance of their manager's agreement with Beyonce's father, Mathew Knowles.
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.