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The term young person is used here to refer to anyone under the age of 18 years (s.3 Age of Majority Act 1977 (Vic) and s3 age of Majority Act 1973 (Tas) ). Sometimes legal writing refers to minors or infant.
The exact capacity of young people to bind themselves and be bound by contract is limited but also unclear, because no Act of Parliament completely covers this area of law. The Supreme Court Act 1986 (Vic) in sections 49 to 51, "Contracts of Minors", is the most useful reference on this question.
Binding contracts and young people
Contracts for the supply of "necessaries" will generally be binding. There are no hard and fast rules to identify what is "a necessary", but it does include the sorts of things the young person needs to live a reasonable lifestyle. It includes basics such as:
food;
clothing;
a place to live;
medicine,
and so on.
It will also include any contracts relating to the young person's education, apprenticeship or something very similar, if it can be shown to be of benefit to the young person. While a court has not yet considered the issue specifically, mobile phones are probably not necessaries.
The young person contracting in this situation will be held bound to pay a reasonable price (although that may not be the contract price) for necessaries actually sold and delivered. ("Delivery" is a technical term. Generally, delivery takes place when the seller has given the buyer the power to take the goods away.) Where necessaries have been sold but there has been no delivery, the young person does not have to take delivery or pay for the goods.
Non-binding contracts and young people (Supreme Court Act 1986 (Vic) s49 and s50)
Two classes of contracts are not binding on a young person, namely:
contracts which are not for necessaries; and
contracts for the repayment of money lent or to be lent (that is, any form of credit contract).
Where a young person has already paid money under a non-binding contract, that money will not be recoverable unless no benefit has been received by the young person. The young person can, however, refuse to make any further payments under the contract. It is not certain who then owns goods that are not necessaries. It appears that they become the property of the young person unless the young person has fraudulently misrepresented their age.
Even after turning 18, a person cannot confirm a prior contract and then become bound by it. Any money paid by a young person under such circumstances may be recovered.
What else can I help you with?
Will a contract always be valid and binding when its contains consideration?
Just because a contract contains consideration does not mean it is legal or binding. There are other requirements that must be met.
Explain the elements of a valid contract?
For a contract to be valid, it must contain an offer, acceptance of that offer, consideration (something of value exchanged), legal capacity of the parties involved, and a lawful purpose. Additionally, the agreement must be made by parties who have the intention to create a legally binding relationship.
Explain consideration and acceptance are the binding element of contract?
An offer is valid only if it is made with an intention of getting the assent of another. when there is no acceptance the contract does not come into existence. For a valid contract there must be consideration which need not be adequate.
Is a signed piece of paper legally binding in a contract?
Yes, a signed piece of paper can be legally binding in a contract if it meets the necessary requirements for a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.
Is a contract valid if earnest money is not provided?
In most cases, a contract is still valid even if earnest money is not provided. Earnest money is not required for a contract to be legally binding, but it can serve as a sign of good faith from the buyer.
Is a text agreement legally binding?
Yes, a text agreement can be legally binding if it meets the requirements for a valid contract, such as offer, acceptance, consideration, and intention to create legal relations.
What is the difference between void and voidable contracts?
A void contract is not legally valid from the beginning, while a voidable contract is initially valid but can be canceled or voided by one of the parties involved.
You agreed to sign an aggreement with your estranged husband but it was written by the two of you and only notarized by a bank employee is it legally binding?
It is a legal contract. A notary is a notary and a witness is a witness. Both evidence that the agreement was considered valid by the parties involved.
What is valid contarct?
A valid contract is an agreement enforceable by law. A Valid Contract is defined under Sec 2(h) of the Indian Contract Act, of 1872. To know the essential features of forming a valid contract, please refer to Desire 4 Legal Knowledge
Binding contract buyer sign and co-buyer don't sign is the contract void?
If the contract was supposedly made for a co-signer and lead signer then no, it would be non-valid if not signed by both parties.
If we signed a construction contract for the purchase of land and the build of a home but one of the land owners refused to sign the contract what are our legal ramifications?
If one of the fee owners didn't sign the contract then you don't have a valid contract. In order for the contract to purchase land and build on it to be valid and binding on the parties it must be signed by all of the purchasers and all of the fee owners.
What is the Difference between valid and void contract?
A valid contract is legally enforceable and meets all the essential elements required by law, such as mutual assent, consideration, capacity, legality, and proper form. On the other hand, a void contract is not legally binding from the beginning due to a fundamental flaw, such as illegality, lack of capacity, impossibility, or violation of public policy. A void contract is treated as if it never existed, while a valid contract creates legal obligations between the parties.
