Minor's liability

Definition

Minor's liability refers to the legal responsibilities and obligations that minors, typically individuals under the age of 18, have when entering into contracts. While generally, contracts made by minors are voidable at their discretion, there are specific instances where minors can be held liable, such as for necessaries or when they misrepresent their age. Understanding minor's liability helps in evaluating the enforceability of contracts involving minors and their rights under contract law.

5 Must Know Facts For Your Next Test

1. Contracts made by minors are generally considered voidable, meaning the minor can choose to affirm or void the contract before reaching adulthood.
2. Minors are usually not held liable for non-necessary contracts, allowing them to escape obligations that may not serve their best interests.
3. If a minor misrepresents their age and enters into a contract, they may still be held liable for that contract under certain circumstances.
4. Contracts for necessaries, such as food or medical care, can bind minors to the extent of the reasonable value of those goods or services.
5. Once a minor reaches the age of majority (usually 18), they can ratify a contract entered into while they were a minor, making it fully enforceable.

Review Questions

• How does minor's liability affect the enforceability of contracts involving young individuals?
  • Minor's liability significantly impacts the enforceability of contracts because it allows minors to void most agreements they enter into. This means that even if a minor signs a contract, they have the legal right to rescind it without facing penalties. This protective measure is intended to shield minors from making binding commitments that they may not fully understand due to their age and experience. However, contracts for necessaries are an exception where minors can be held liable.
• Discuss the implications of misrepresentation of age by a minor in contractual agreements.
  • When a minor misrepresents their age to enter into a contract, it complicates their liability status. In some jurisdictions, this may lead to the minor being held responsible for the contract as if they were an adult. This creates a gray area where courts must consider whether the misrepresentation was intentional or negligent. The implications highlight the need for caution when minors engage in contractual relationships and underscore the importance of verifying age in such transactions.
• Evaluate how the concept of necessaries influences minor's liability and their ability to enter into contracts.
  • The concept of necessaries plays a critical role in defining minor's liability by creating exceptions to their general inability to be bound by contracts. Minors are held liable for contracts involving necessaries because these goods and services are essential for their survival and well-being. This means that while a minor can void most contracts upon reaching adulthood, they cannot avoid obligations related to necessaries without facing consequences. Evaluating this aspect reveals how law seeks to balance protecting minors with ensuring they have access to essential resources.

Related terms

Voidable Contract:

A contract that can be legally canceled or voided by one party, typically due to the status of the other party, such as minors.

Capacity to Contract:

The legal ability of individuals to enter into a binding contract, which varies based on age, mental state, and other factors.

Necessaries: Goods and services that are essential for a minor's well-being, such as food, clothing, and shelter, for which they may be held liable despite their minor status.