What are the rules regarding contracts with minors?
What are the rules regarding contracts with minors?
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
Are contracts with minors legally binding?
If a minor agrees to a contract without a legal guardian being party to the contract, the guardian may not be held liable if the minor does not keep up his or her end of the agreement. However, if a parent or legal guardian co-signs the contract with the minor, the contract is considered valid and legally binding.
Are contracts with minors void or voidable?
Contracts made by minors are void since, by law, they lack the legal capacity or ability to enter into legally binding agreements or contracts by themselves.
When both parties to the contract are minors the contract is?
The contracts entered into by parties incapable of giving consent to a contract such as minors are voidable and annullable. Since minors are incapable of giving consent, there could be no concurrence of consent of the parties as an essential requisite of a contract.
Who are incompetent to enter into a contract?
Section 11 of the Indian Contract Act, 1872, states when a person is said major, sound and not disqualified by law, then he is said to be competent to contract. Contract with a minor, unsound or intoxicated person is void, as they are incompetent to contract.
How can a minor cancel a contract?
A minor can void the contract in one of two ways. The first way is for him or her to file a lawsuit asking the court to void the contract. The second way is to raise the affirmative defense of lack of capacity if he or she has been sued. If a minor voids the contract, he or she must disaffirm the entire contract.
Can a minor contract be specifically enforced?
Minor. Hence a contract with a minor is void ab initio (void from the beginning) and cannot be enforced in a court of law. The result is that a party cannot compel the minor to perform his part of obligations as enumerated in the agreement (plead specific performance of an agreement/rule against estoppel).
Can a valid contract be unenforceable?
An unenforceable contract is a contract that is valid, but one that a court chooses to not enforce. Unenforceable is usually used in contradistinction to either void the contract or make it voidable. A void contract is a contract that is not legally valid.
What type of contracts Cannot be voided by a minor?
There are special instances in which minors cannot disaffirm a contract. In most states, they cannot disaffirm a contract for necessities such as food, shelter, clothing, healthcare, or employment. Minors may also not disaffirm a contract for the purchase or sale of real estate.
Is it legal to sign a contract with a minor?
For most contracts, the general rule is that while it’s not illegal to enter into a contract with a minor, the contract is voidable at the discretion of the minor. Voidable contracts are usually valid contracts and are binding unless the child cancels it.
Can a minor enter into a legal contract?
Yes, a minor can legally enter into a contract. However, whether the contract is enforceable will depend on a number of factors. The terms “minor” and “infant” are used in law to describe a person who is under the legal age of an adult.
What is a minor contract?
A voidable contract is when a contract is valid, but can be voided by the option of either party. When a minor enters into a contract, they have to have capacity. If an adult enters into a contract with a minor that does not have capacity, the minor has the option to void the contract.
What is a legal contract?
A legal contract is a legally enforceable agreement between two or more parties.
