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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.
Wiki User
∙ 14y ago
Wiki User
∙ 10y agoNo, the contract entered by a minor is not voidable. It is void.
shayna Williams
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In Georgia can a minor void a contract or is it voidable?
In Georgia, a minor cannot sign a contract. If a minor does sign a contract, it is voidable because it is illegal.
Is a contract null and void if the law changes?
If the laws materially affect the contract, yes. If the affect is minor, it would not void the contract, but may require some renegotiation.
What happens if you sign a contract with a minor and didn't know?
The minor can void the contract. If they affirm it after they become an adult, it would become valid.
May a minor disaffirm part of a contract and affirm other parts?
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.
Can you void a car contract if you don't take delivery due to scratch?
No, you can't. A minor cosmetic defect does not give you the right to cancel the contract, unless the contract specifically guarantees that the car will not have the slightest blemish.
If a minor signed acontract he parents are responsible?
No, they are not responsible. Technically, any contract signed by a minor is void.
Does money get returned if a contract is null and void after full payment has been made?
Yes, in general, if money is paid under a void contract it must be returned. For example, if a minor voids an optional contract for which money has been paid to a minor, the money must be returned to the minor. The minor may be required to return anything of value received under the voided contract.
What is the legal age that a person can be contractually liable?
A person of any age can be contractually liable, but for minors, the liability can be escapable. A minor may enter a contract, and as a minor, can freely void the contract. However the contract must be totally voided, or the minor will be held liable. As an example, a child cannot enter a contract in which he receives material goods, and then void the contract and keep the goods without keeping up to his end of the contract. He must return the goods in that case, to be legally allowed to void the contract. The laws though can vary from country to country, and also the definition of a minor can differ.
Child turns into adult is a contract null void?
Traditionally, a minor or an infant is anyone under the age of 21. This has been changed by statutes in almost every state, and a minor is now anyone under the age of 18. The term infant and minor are used interchangeably in most situations. A minor can only void a contract while they are still under the age of maturity (again, usually 18), or for a reasonable time after they have reached that age. If a person does nothing to disaffirm the contract after they stop being a minor, the law can find that they will no longer be able to void the contract
Can an individual be held legally responsible for debts that occured when they were a minor?
An obligation to pay a debt is usually by contract. A contract by a minor is "voidable" meaning that it can be invalidated. However, it is not void. The difference is sometimes important because if a contract is void then someone could never be held accountable. A contract by a minor however, may later be ratified (acknowledged as valid) by that invididual. Ratifying the contract then makes the person legally responsible. If the person who signed the contract as minor does not want to be held legally responsible, he or she must formally rebuke that contract.
What effect between a void contract and voidable contract?
A void contract means that none of the parties to it can legally enforce it. A voidable contract means that one or more but not all of the parties can legally avoid having to perform it. Examples of each (in most jurisdictions - check with yours for exceptions): 1. "adoption contracts": the sale and purchase of babies through private parties without the involvement of the applicable child welfare agencies. This would be void. Nobody has a right to go to court and enforce it. 2. "sale to minor": the sale of a discretionary item to a minor (usually age 18). Say the minor entered into an installment contract to purchase an expensive electric guitar, and even made some of the payments. The minor would have a right to revoke the contract as long as the revocation occurred promptly after the minor attained the legal age of "majority" (ie usually 18), and thus avoid further payments as long as the guitar is returned.
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.
