Requirements of a contract include capacity of the parties to contract, legality, and intention of the parties to be legally bound. Which of the following is False with regard to these elements?
A) A restrictive covenant prohibiting one party to the contract from competing with the other is enforceable if it is reasonable between the parties and not contrary to public policy.
B) The court can presume the intention of the parties to be legally bound, but a party to the contract can bring forward contrary evidence to rebut the presumption.
C) If an adult cannot sue the other party to the contract because he is a minor, neither can the infant sue the adult.
D) A seller that contracts with an infant cannot avoid the difficulties of enforcing the contract by suing him in tort instead of breach of contract.
E) A person with mental incapacity might still be held to a contract even if, at the time of the contract, he didn't understand the nature and quality of his act.

Question

Quizplus · Accepted Answer

This statement is false. Although minors cannot be held liable for a contract, they can still sue adults for breach of contract. This is because the law recognizes that a minor is not in a position to make a fully informed decision about entering into a contract, but at the same time, it wants to encourage adults to do business with minors.

Requirements of a Contract Include Capacity of the Parties to Contract