Minors Contractual Liability

Summary

Minors in Massachusetts can be held liable for contracts involving necessities such as food, shelter, and clothing. Gloria, despite being a minor, may be responsible for her grocery debt as food is considered a necessary item. In Georges case, he can potentially take legal action against Mr. Gowers hardware store under the theory of breach of implied warranty of fitness for a particular purpose. Mr. Gower knew George relied on his expertise to select the appropriate caulk, which was not fit for the intended purpose.

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George Bailey went into a local paint and hardware store looking for some weather caulking to whether proof around his exterior windows and doors on a new house he had partially built himself. George tells the store owner that he knows nothing about the right kind of caulk that would help weather proof his house and survive the mixed and sometimes harsh seasonal changes in New England. The store owner, Mr. Gower tells George that the best caulk for that kind of application is "this stuff right here" and hands him a box of a dozen tubs of caulk. George buys the case of caulk based upon Mr. Gower's recommendation. George applies the caulk around all his windows and doors and within a year he notices that it has cracked, peeled and failed at several places.
George can potentially take the following legal actions against Mr. Gower's hardware store under the theory of "breach of implied warranty of fitness for a particular purpose" in Massachusetts:
- Mr. Gower knew George relied on his expertise to select the appropriate caulk.
- The caulk recommended was not fit for the intended purpose.
Would you like more details on how to proceed with this action?
George goes back to see Mr. Gower and a sales clerk tells George that the caulk he bought was designed to be used as an adhesive for vinyl floor covering and not for exterior weather applications. What, if any, actions can George take against Gower's hardware and under what legal theory?
George can potentially take legal action against Mr. Gower's hardware store under the theory of "breach of implied warranty of fitness for a particular purpose" in Massachusetts:
- Mr. Gower knew George relied on his expertise to select the appropriate caulk.
- The caulk recommended was not fit for the intended purpose.
Would you like more details on how to proceed with this action?
George goes back to see Mr. Gower and a sales clerk tells George that the caulk he bought was designed to be used as an adhesive for vinyl floor covering and not for exterior weather applications. What, if any, actions can George take against Gower's hardware and under what legal theory?
George can potentially take action against Mr. Gower's hardware store under the theory of "breach of implied warranty of fitness for a particular purpose" in Massachusetts:
- Mr. Gower knew George relied on his expertise to select the appropriate caulk.
- The caulk recommended was not fit for the intended purpose.
Would you like more details on how to proceed with this action?