Question

Clem had wanted a piano for a long time. Although he was a minor, his mom gave him $300 and he took this with some savings and made a $500 down payment on a $3000 piano. The balance was to be paid over a three-year period. His mom signed the contract as a guarantor. Clem made the first three payments, but he damaged the piano while trying to move it from the living room to his upstairs bedroom. He didn't have the money to get it fixed. He quit playing piano, lost interest, and quit making his payments. On these facts, which of the following is false?

A) Although the contract is unenforceable against Clem, if he affirms the contract after he reaches the age of majority, the seller will be able to sue him for breach of contract.
B) Clem's mother will be liable on the guarantee only if it is in writing.
C) If Clem's mother guaranteed the deal, she would be liable on her guarantee even if the contract is unenforceable against Clem.
D) Unless Clem affirms the contract or partly performs the contract after he reaches the age of majority, the seller cannot get any compensation from him.
E) Because Clem is a minor, he cannot sue the seller, even if the piano is defective.

Answer 1

The false statement is Option E; minors can sue if they have been sold a defective product. Other provided options regarding contract enforceability against a minor, the necessity of a written guaranty, and the mother's liability are true.

Step-by-step explanation:

The question revolves around the enforceability of a contract involving a minor, guaranty obligations, and the implications of contract disaffirmation. When it comes to contracts with minors, many jurisdictions consider such contracts to be voidable at the minor's discretion. Specifically:

• Option A is true: A contract is typically unenforceable against a minor unless they affirm the contract upon reaching the age of majority. If Clem affirms the contract after he becomes an adult, he can be held liable for breach of contract.
• Option B is also true: Most states require that a guarantee be in writing to be enforceable, under the statute of frauds.
• Option C is true: If Clem's mother guaranteed the deal and the guaranty is in writing, she would be liable on her guarantee even if Clem cannot be held to the contract due to his minority.
• Option D is true: If Clem does not affirm or partly perform the contract after reaching majority, the seller may not be able to enforce the contract against him.
• Option E is false: Even though Clem is a minor, minors can still sue if they have been sold a defective product; being a minor does not strip someone of their ability to bring legal action.

Therefore, the false statement based on the facts provided is Option E, because minors do have the legal capacity to sue for defective products.