A minor does not have the "capacity" to enter a contract. The law is written to protect minors from being taken advantage of through unfair contracts. However, through time there have been controversial situations and now minors can be held partially liable in some cases.
An agreement with a minor is considered void because minors lack the legal capacity to enter into contracts. This is to protect minors from being taken advantage of due to their age and lack of understanding of contractual obligations. As a result, any agreement made with a minor is unenforceable in court.
An agreement with a minor is illegal because minors can't enter into agreements. Minors can't enter into agreements dealing with business nor marriage.
If a minor signs a contract under the legal age of majority (usually 18), the contract is typically not enforceable. In most cases, the parents would not be responsible for the contract unless they co-signed or guaranteed it. The minor may have the option to void the contract.
In general, minors are not legally responsible for debts they incurred while under the age of majority. However, once they reach the age of majority, they may be held responsible for those debts if they affirm or continue to make payments on them.
In some jurisdictions, a minor can enter into a legally binding contract with the consent of a parent or guardian. However, these contracts are usually voidable by the minor upon reaching the age of majority. It is important to check the laws in your specific jurisdiction regarding minors entering into contracts.
In Maryland, the minimum age to enter into a legally binding contract, which includes renting a house, is 18 years old. Individuals under 18 would typically need a co-signer or parent to enter into the rental agreement on their behalf.
In North Carolina, a person must be at least 18 years old to sign a legal contract, with some exceptions for emancipated minors or contracts for necessaries. A minor who signs a contract before turning 18 may have the option to disaffirm or void the contract upon reaching the age of majority.
If a minor signs a contract under the legal age of majority (usually 18), the contract is typically not enforceable. In most cases, the parents would not be responsible for the contract unless they co-signed or guaranteed it. The minor may have the option to void the contract.
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.
In Georgia, a minor cannot sign a contract. If a minor does sign a contract, it is voidable because it is illegal.
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.
vacuum or void
The minor can void the contract. If they affirm it after they become an adult, it would become valid.
agreement made by minor is void-ab-initio minor can't be declared insolvent rule of estoppel is not applicable on minor minor can be promisee or a beneficiary doctrine of restitution is not applicable on minor
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.
If the laws materially affect the contract, yes. If the affect is minor, it would not void the contract, but may require some renegotiation.
Mohori bibi V. Dharamdas Ghose
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
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.