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Jun 14
A minor contract is a legal agreement entered into by a person who is under the age of majority, typically under the age of 18. In most jurisdictions, contracts entered into by minors are considered voidable, meaning that the minor can choose to either enforce or void the contract once they reach the age of majority. However, there are some exceptions to this rule, such as contracts for necessities or contracts for employment. It is important to consult with a legal professional if you are considering entering into a contract with a minor.
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Google Gemini AI
Jun 14
Definition:
A minor contract is a legally binding agreement entered into by a person who is considered a minor (i.e., not yet legally an adult) and that does not involve necessities (such as food, shelter, or medical care).
Characteristics:
- Valid: Minors can make legally enforceable contracts, but their capacity to do so is limited.
- Voidable: Minors have the right to disaffirm (cancel) minor contracts at any time before they reach the age of majority or a reasonable time thereafter.
- Exceptions: Contracts for necessities are binding on minors.
- Exceptions: Contracts approved by a court or a parent/guardian are also binding on minors.
General Rule:
Minors are not bound by minor contracts unless they have been ratified (confirmed) after reaching the age of majority.
Ratification:
Ratification occurs when a minor, after reaching the age of majority, takes actions that indicate an intent to be bound by the contract, such as:
- Continuing to perform the contract
- Making payments
- Receiving benefits under the contract
Exceptions to the Voidability Rule:
In some cases, minor contracts may be binding on minors, even before they are ratified. These exceptions include:
- Contracts for Necessities: Minors are legally obligated to pay for necessities such as food, shelter, and medical care.
- Contracts for Services: Contracts for minors to perform services, such as work or education, are generally valid.
- Contracts Approved by a Court or Parent/Guardian: Contracts that have been approved by a court or a parent/guardian are binding on minors.
Consequences of Disaffirmance:
If a minor disaffirms a minor contract, the following consequences may occur:
- The minor is no longer obligated to perform the contract.
- The minor is entitled to the return of any consideration (e.g., money or property) paid under the contract.
- The other party to the contract may be entitled to restitution (compensation) for any expenses or losses incurred.
Limitations on Voidability:
The right to disaffirm a minor contract is subject to certain limitations:
- The minor must disaffirm the contract within a reasonable time after reaching the age of majority.
- The minor cannot disaffirm a contract that has been ratified.
- The minor cannot disaffirm a contract if it would result in undue hardship or loss to the other party.
A minor contract is a legally binding agreement entered into by a person who is considered a minor (i.e., not yet legally an adult) and that does not involve necessities (such as food, shelter, or medical care).
Characteristics:
- Valid: Minors can make legally enforceable contracts, but their capacity to do so is limited.
- Voidable: Minors have the right to disaffirm (cancel) minor contracts at any time before they reach the age of majority or a reasonable time thereafter.
- Exceptions: Contracts for necessities are binding on minors.
- Exceptions: Contracts approved by a court or a parent/guardian are also binding on minors.
General Rule:
Minors are not bound by minor contracts unless they have been ratified (confirmed) after reaching the age of majority.
Ratification:
Ratification occurs when a minor, after reaching the age of majority, takes actions that indicate an intent to be bound by the contract, such as:
- Continuing to perform the contract
- Making payments
- Receiving benefits under the contract
Exceptions to the Voidability Rule:
In some cases, minor contracts may be binding on minors, even before they are ratified. These exceptions include:
- Contracts for Necessities: Minors are legally obligated to pay for necessities such as food, shelter, and medical care.
- Contracts for Services: Contracts for minors to perform services, such as work or education, are generally valid.
- Contracts Approved by a Court or Parent/Guardian: Contracts that have been approved by a court or a parent/guardian are binding on minors.
Consequences of Disaffirmance:
If a minor disaffirms a minor contract, the following consequences may occur:
- The minor is no longer obligated to perform the contract.
- The minor is entitled to the return of any consideration (e.g., money or property) paid under the contract.
- The other party to the contract may be entitled to restitution (compensation) for any expenses or losses incurred.
Limitations on Voidability:
The right to disaffirm a minor contract is subject to certain limitations:
- The minor must disaffirm the contract within a reasonable time after reaching the age of majority.
- The minor cannot disaffirm a contract that has been ratified.
- The minor cannot disaffirm a contract if it would result in undue hardship or loss to the other party.
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Jun 14
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