45. A buyer has executed a contract to purchase real property. If it is discovered that the buyer is only 16 years old, the contract is
Answer: D
The contract is voidable as to the minor's interest.
In this situation, the contract executed by the 16-year-old buyer is voidable due to the buyer's status as a minor. This means that the minor has the option to affirm or void the contract.
A) void
This option is incorrect because a contract with a minor is not automatically void. Instead, it is voidable, meaning the minor has the right to affirm or reject the contract rather than rendering it completely null.
B) binding
This option is incorrect as well. A contract with a minor is not binding in the same way it would be for an adult. Minors have limited capacity to enter into contracts, allowing them to void the agreement at their discretion.
C) unenforceable
While this option might seem close, it is not entirely correct. A contract with a minor is not necessarily unenforceable; rather, it is voidable. The minor has the choice to either enforce or rescind the contract, which distinguishes it from an unenforceable agreement.
D) voidable as to the minor's interest
This is the correct answer. A minor can choose to void the contract if they wish, but until they do so, the contract may still be enforced against the other party. This reflects the legal principle that protects minors in contractual agreements.
Conclusion
The correct answer is definitively "voidable as to the minor's interest" because it accurately captures the legal protections afforded to minors in contract law. Options A, B, and C fail to recognize the minor's right to void the contract, while D correctly identifies the minor's ability to choose whether to affirm or reject the agreement.