Contracts for necessities

Definition

Contracts for necessities are legally binding agreements for goods and services that are essential for a person's basic living needs, such as food, clothing, shelter, and medical care. These contracts are particularly significant when entered into by minors, as they hold the minor to a higher standard of responsibility than typical contracts, allowing them to be enforceable even though minors generally have limited capacity to contract.

5 Must Know Facts For Your Next Test

1. Contracts for necessities are enforceable against minors, meaning they cannot disaffirm these contracts simply because they are underage.
2. The determination of what constitutes a 'necessity' can vary based on individual circumstances and societal standards.
3. Common examples of necessities include basic food supplies, essential clothing, medical treatment, and housing.
4. If a minor enters into a contract for a non-necessity, they have the option to disaffirm that contract at any time before reaching the age of majority.
5. In some jurisdictions, parents or guardians may be held liable for contracts for necessities entered into by their minor children.

Review Questions

• How do contracts for necessities differ from regular contracts involving minors?
  • Contracts for necessities differ from regular contracts involving minors in that they are legally enforceable even if the minor wishes to disaffirm them. While minors generally have the right to void most contracts due to their limited capacity to contract, agreements for necessities like food and medical care ensure that suppliers can obtain payment for essential goods and services. This distinction protects both the minor's well-being and the rights of those providing necessary items.
• Discuss the implications of allowing minors to enter into contracts for necessities. What considerations might come into play?
  • Allowing minors to enter into contracts for necessities has important implications. It ensures that minors can secure essential goods and services without parental consent, promoting their independence. However, it also raises considerations regarding exploitation or misunderstanding of contractual obligations by minors. Society must balance protecting minors from potential harm while ensuring they have access to what they need for survival and well-being.
• Evaluate how the definition of 'necessity' can vary between individuals and situations, and how this affects enforceability of contracts for necessities involving minors.
  • The definition of 'necessity' can significantly differ based on personal circumstances, cultural context, and societal standards. For instance, what is deemed necessary for one minor may not be considered so for another; a teenager living independently may need more than just basic food and shelter. This variability affects enforceability because it may lead to disputes about whether a specific contract qualifies as a necessity. Courts often consider various factors, including the minor's living situation and societal norms, when determining whether an agreement falls under this category.

Related terms

Capacity to Contract: The legal ability of a person to enter into a binding agreement, which can be limited by age, mental state, or legal status.

Voidable Contract: A contract that may be legally unenforceable at the option of one of the parties, often due to the party's incapacity or lack of understanding.

Minor's Rights: The legal protections and privileges granted to individuals who are under the age of majority, including the right to void certain contracts.