0
May a minor disaffirm part of a contract and affirm other parts?
Wiki User
∙ 11y ago
Likely yes. Under general contract law principles, it is a valid contract and fully enforceable by the minor if the minor does not choose to void it. Which is why many businesses will not enter into contracts with a minor.
Wiki User
∙ 7y ago
Wiki User
∙ 9y agoWith a minor, there can be no contract in the first place. So, in other words, there is no contract to void. The contract was void before it started.
Wiki User
∙ 13y agoyes they may disaffirm the contract because they are legally under age and not responsible for their actions.
Wiki User
∙ 12y agoMinors aren't allowed to sign legally binding contracts.
Wiki User
∙ 10y agoFalse
Wiki User
∙ 11y agoab
Add your answer:
Earn +20 pts
Why should you avoid kid-bids in on-line auctions?
Kid-bids online, just as in the natural world, can be recinded. A minor, under the age of 18, may disaffirm a contract entered into with someone at the age of majority. In other words, a child can void a contract or bid because the child is under the age of 18. A minor can enter into any contract that is not prohibited by law. An adult who enters into a contract with a minor cannot recind a contract made with a minor. Illegal contracts are considered void.
Does a minor have the absolute right to void a contract?
A minor does not have the absolute right to void a contract. As a general rule, contracts made by minors are voidable by the minor at any time up until the minor affirms the contract after reaching majority or until a reasonable times after reaching majority. There are cases where a minor can be held liable for his/her actions if at the time the contract was entered they acted in a responsible and adult-like that proves they were of a capacity to understand the contract. However, the burdon to prove that the minor was actually of capacity falls on the other parties in the contract.
Are contracts made by minors enforceable?
Notes on contracts and minors:Generally speaking a minor cannot enter into a legally binding contract.A contract with a minor is not enforceable (except when they are an emancipated minor). It can be voided. Someone who has not yet reached the age of majority cannot sign a legally binding contract. It is possible that they can 'affirm' or 'accept' the contract once they come of age, making it valid.Generally speaking no, not for the terms contained in the contract itself. However, if the minor deliberately perpetrated fraud in an attempt to gain services or products, (such as a credit card); he or she may be held liable for restitution and/or possibly face penalties both civil and criminal depending on the applicable laws of the state of jurisdiction. In cases involving credit card fraud there may have been federal violations as well.A minor can enter into a contract. However, most contracts cannot be enforced against minors. (They are voidable, at the request of the minor.) For that reason, most people are hesitant to enter into a contract with a minor. However, the minor can enter a contract, can choose not to void it, and can enforce it against the other party.In general, minors cannot enter into contracts. In most states, someone is a minor if he or she is under 18, though there may be variations. Therefore, if a minor signs a contract but later wants to get out of it, he or she can usually do so. For this reason, it is a good idea to have the minor's parents sign the agreement if you don't want it voided in the future. The most common justification for the rule is to protect minors from assuming obligations which they are not capable of understanding. It is obvious to see that this will lead to harsh results, so some general exceptions have been created.
What are the rules regarding minor agreement?
Rules regarding minor's agreement:1. No ratificationAn agreement with the minor is completely void. A minor cannot ratify the agreement even on attaining majority, because a void agreement cannot be ratified.2. Minor can be a promise or beneficiaryIf a contract is beneficiary to a minor it can be enforced by him. There is no restriction on a minor from bring a beneficiary.3. No estoppel against a minorWhere a minor by misrepresenting his age has induced the other party enter into a contract with him, he cannot be made liable on the contract. There can be no estoppel against a minor.4. No Specific performance except in certain casesA minor's contract being absolutely void, there can be no question of the specific performance of such contract.5. Liability for tortsA trot is a civil wrong. A minor is liable in tort unless the tort in reality is a breach of contract.6. No insolvencyA minor cannot be declared insolvent as he is incapable of contracting debts and dues are payable from the personal properties of minor and he is not personally liable.7. Minor can be an agentA minor can act as an agent. But he will not to be liable to his principal for his acts. A minor can draw, deliver and endorse negotiable instruments without himself being liable.
Is a contract signed by a minor enforceable?
Technically any contract is just an enforceable promise, and minors have the ability to enter into contracts, much the same as adults do [aside from the ability to disaffirm a contract]. There are cases where contracts that have been created over the Internet to do something illegal have become enforceable, and so I would have to say yes, contracts over the Internet that are made by minors are enforceable. -A 16 year old Business Law student and business owner
Can anyone list the conditions under which contracts are not legally binding?
If one of the parties to the contract is a minor, the contract can be voided by the minor. Undue influence, such as forcing the other party to agree to the contract through some factor such as blackmail or threats of a law suit. Clauses within the contract can void the agreement under specific situations. If the contract is for illegal consideration, it will be void.
Does an infant have the capacity to enter into a contract?
An infant has no capability to understand a contract, much less an ability to sign one. You must be considered an adult to sign a contract and be held responsible for it. In most cases, this means you must be at least 18 to enter into an agreement, including renting cars and hotel rooms.
Is it illegal selling a car to a minor?
It depends on your State laws,In all 50 states minors can not enter into any legally binding contract,So a minor can not purchase a vehicle from a new/used car dealership since purchasing said vehicle requires a signed contract between the dealership and the buyer.However Laws concerning the private sale/purchase of vehicles are not the same unless there is an expressed warranty or other legal contract that the minor must enter into with the seller.... In most states any minor who does not possess a valid driver's license cannot order, purchase, lease, accept, or otherwise obtain any vehicle that is subject to registration. In many states if a minor has a valid drivers license they can legally purchase a vehicle from a private owner,since the sale of "AS IS " private vehicles do not require the minor to enter into any kind of legal contract with the seller.
How can you put your child on your mortgage?
You can't. A minor cannot sign a contract. Whatever you are contemplating you should never consider doing anything to damage your child's credit record. It will cause terrible consequences when she applies for a student loan for college or any other credit. It is also a crime to steal a minor child's identity for credit fraud.You can't. A minor cannot sign a contract. Whatever you are contemplating you should never consider doing anything to damage your child's credit record. It will cause terrible consequences when she applies for a student loan for college or any other credit. It is also a crime to steal a minor child's identity for credit fraud.You can't. A minor cannot sign a contract. Whatever you are contemplating you should never consider doing anything to damage your child's credit record. It will cause terrible consequences when she applies for a student loan for college or any other credit. It is also a crime to steal a minor child's identity for credit fraud.You can't. A minor cannot sign a contract. Whatever you are contemplating you should never consider doing anything to damage your child's credit record. It will cause terrible consequences when she applies for a student loan for college or any other credit. It is also a crime to steal a minor child's identity for credit fraud.
Why should minors not be given services without informed or signed parental or guardian consent?
Minors are seen as "mentally incompetent", or, in other words, not capable of making rational decisions on their own. Legally, minors CAN enter into a contract; however, the minor is, generally, exempt from any punishments or sanctions of that contract. The adult, on the other hand, is fully responsible for it. Or, in short, the minor can violate the contract, and receive little-to-no punishment, while you are still held responsible if you did the same. So, it is not illegal to service minors. It's just not in your best interest.
What is a sentence with social contract?
ok the answer is the school is a oscial contract because it contract to other kids
Can a 16 year old execute a legal document?
"A minor (usually, a person under 18 years of age) who makes a contract can rescind or void it, with one general exception. A minor contracting for "necessities" is bound to pay for their reasonable value. A "necessity" can be food or shelter but, depending upon the law of the particular state, it may also include cars or other items. A minor who rescinds a contract gets back whatever the other party received from the minor." Quoted from lawyers.com
