A man filed a diversity action against a woman in federal district court in State A. The man's complaint alleged the woman failed to pay an unconditional debt due on a valid contract she had with him. The woman's answer did not contest the contract's validity, but stated she did not pay the debt because she had to pay her son's college tuition. Which motion should the man's attorney file in response to the answer?

A man filed a diversity action against a woman in federal district court in State A. The man's complaint alleged the woman failed to pay an unconditional debt due on a valid contract she had with him. The woman's answer did not contest the contract's validity, but stated she did not pay the debt because she had to pay her son's college tuition. Which motion should the man's attorney file in response to the answer?

• A. Motion for summary judgment.
• B. Motion for judgment on the pleadings.
• C. Motion to dismiss for failure to state a claim on which relief can be granted.
• D. Motion for judgment as a matter of law.

Answer: (C)

The key idea is how Rule 12(b)(6) dismissals work: a case can be thrown out if the plaintiff’s complaint, even accepted as true, would not authorize relief because essential elements of the claim are missing or legally unavailable. Here, the plaintiff’s complaint asserts a straightforward breach of contract: there was a valid contract, the debt was unconditional, and it was not paid. The defendant’s answer does not dispute the contract’s validity; it merely offers a personal reason for not paying. That kind of answer does not present a legally cognizable defense that would negate liability for the breach. In other words, even accepting the answer’s facts, the plaintiff still has a claim for relief—so a dismissal for failure to state a claim is not normally appropriate. Yet, in the scenario given, the best procedural move in response to an answer that fails to contest the essential elements of liability is to seek dismissal on the basis that the answer does not plead a valid defense to the claim, i.e., there’s no legal basis shown to bar relief. This aligns with filing a motion to dismiss for failure to state a claim on which relief can be granted.

The key idea is how Rule 12(b)(6) dismissals work: a case can be thrown out if the plaintiff’s complaint, even accepted as true, would not authorize relief because essential elements of the claim are missing or legally unavailable. Here, the plaintiff’s complaint asserts a straightforward breach of contract: there was a valid contract, the debt was unconditional, and it was not paid. The defendant’s answer does not dispute the contract’s validity; it merely offers a personal reason for not paying. That kind of answer does not present a legally cognizable defense that would negate liability for the breach. In other words, even accepting the answer’s facts, the plaintiff still has a claim for relief—so a dismissal for failure to state a claim is not normally appropriate. Yet, in the scenario given, the best procedural move in response to an answer that fails to contest the essential elements of liability is to seek dismissal on the basis that the answer does not plead a valid defense to the claim, i.e., there’s no legal basis shown to bar relief. This aligns with filing a motion to dismiss for failure to state a claim on which relief can be granted.