Adult Can Use Minor Incapacity
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Contracts1
Example wrong choices
21525_minor-tutor-laptop · CONTRACTS · Choice ALydia, because Timothy lacked contractual capacity.
Why it's attractive
The choice says Timothy lacked capacity (true) but awards the win to Lydia. Ask: whose defense is capacity?
Why it's wrong
The choice says Timothy lacked capacity (true) but awards the win to Lydia. Ask: whose defense is capacity?
21525_minor-tutor-laptop · CONTRACTS · Choice BLydia, because if she delivers the laptop, Timothy might later disaffirm the contract and demand his money back.
Why it's attractive
Yes, a minor can disaffirm. But the risk of that happening falls on the adult who chose to deal with the minor. It doesn't excuse the adult's own breach.
Why it's wrong
Yes, a minor can disaffirm. But the risk of that happening falls on the adult who chose to deal with the minor. It doesn't excuse the adult's own breach.
21525_minor-tutor-laptop · CONTRACTS · Choice DTimothy, because he bought a protective sleeve and wireless mouse in justified reliance on Lydia's promise.
Why it's attractive
Timothy did rely, but detrimental reliance applies when there's no consideration. Here, Timothy promised to pay $850 — that's consideration. Reliance is irrelevant.
Why it's wrong
Timothy did rely, but detrimental reliance applies when there's no consideration. Here, Timothy promised to pay $850 — that's consideration. Reliance is irrelevant.
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