When John bought a car from his father's old classmate, Joe, he was only seventeen years old. The price of the car was $5000. He paid $1000 down and was to pay the remaining $4000 over time. With these facts in mind, which of the following statements is true? (Read each statement separately.)

A) Even if the car is defective, John could not sue Joe.
B) If John has an accident and refuses to pay the balance, Joe could successfully sue John for breach of contract.
C) If John has an accident because of his negligent driving and he refuses to pay, Joe could successfully sue him in negligence to get around any difficulty in suing him in contract.
D) If the car is defective, John could sue Joe for breach even though Joe could not sue him.
E) If Joe didn't realize John was only 17 years old, he can enforce the contract against him no matter what his age.

Question

jules delpercio · Accepted Answer

Final Answer : D, Explanation :  Contracts with minors are generally voidable at the option of the minor. However, if the minor chooses to affirm the contract (for instance, by suing for breach), they can do so. In this case, if the car is defective, John could potentially sue Joe for breach of contract, even though he is a minor. The fact that Joe might have difficulties suing John (due to his minority) does not prevent John from initiating a lawsuit if the car is defective.

Definitions

Learning Objectives

Learning Objectives

Related questions