Contracts and Sales Multistate Bar Practice Exam

What types of promises can generally be characterized as voidable?

1. Gratuitous suretyship promises

2. Promises involving legal detriment

3. All contracts made by an individual under 18

4. Promise to fulfill a contractual obligation

The correct answer is: Gratuitous suretyship promises

The correct characterization of voidable promises pertains primarily to the context in which the promise is made and the parties involved. Gratuitous suretyship promises can be deemed voidable because they often involve a lack of consideration. In a suretyship scenario, one party agrees to be responsible for the debt or obligation of another. When such promises are made gratuitously—without receiving any consideration in return—they may be voidable at the discretion of the promisor. This option highlights the principle that a promise lacking consideration can be effectively renounced by the person who made it. In contrast, while promises involving legal detriment might suggest the presence of enforceable contracts, they do not automatically imply a voidable nature without additional context. Similarly, while all contracts made by individuals under 18 (minors) are generally voidable at the minor's discretion, this option is more about the capacity of parties rather than the nature of the promise itself being voidable. Lastly, a promise to fulfill a contractual obligation is typically enforceable and does not exhibit the characteristics that would render it voidable. Thus, the nature of the promise itself in the context of a gratuitous suretyship is the pivotal factor that leads to its voidable classification.