Which of the following is voidable?
A. A contract with an incompetent
B. An express contract
C. A contract with someone who's 22 years old
D. An implied contract
I say B
No.
The correct answer is A. A contract with an incompetent. A contract with an incompetent is voidable because the person lacks the legal capacity to enter into the contract. An express contract (B), a contract with someone who's 22 years old (C), and an implied contract (D) are all generally considered valid contracts, assuming all other requirements for valid contract formation are met.
To determine which of the following contracts is voidable, we need to understand the concept of voidable contracts and analyze each option.
A voidable contract is a legally binding agreement that is capable of being canceled or annulled by one of the parties involved. This means that while the contract is initially valid, there are certain circumstances or conditions that exist, allowing one party to choose whether or not to enforce the agreement.
Now, let's evaluate each option:
A. A contract with an incompetent: If one party to a contract is deemed legally incompetent, such as being mentally incapacitated or lacking the legal capacity to enter into a contract, the contract becomes voidable. This means option A is a valid choice.
B. An express contract: An express contract is a contract in which the terms and conditions are explicitly stated, either in writing or orally. Generally, express contracts are enforceable and binding on all parties involved. Therefore, option B is not voidable.
C. A contract with someone who's 22 years old: Age is an important factor when it comes to contract legality. In most jurisdictions, including the U.S., individuals who are 18 years or older are considered adults and have the legal capacity to enter into contracts. Therefore, a contract with someone who is 22 years old would not be voidable based solely on age.
D. An implied contract: An implied contract is one that is formed by the behavior or conduct of the parties involved. Although it may not be explicitly stated in writing or orally, the actions or circumstances of the parties indicate an agreement. Implied contracts can also be enforceable, so option D is not voidable.
After analyzing each option, we find that the correct answer is A, "A contract with an incompetent."