Written by When it comes to legal contracts, terms like void and voidable often get thrown around. But what do these terms actually mean, and how do they apply in the context of minor contracts?
First, let’s define our terms. A void contract is one that is not legally enforceable and has no effect. This might happen if the contract is illegal, if it contains a mistake or misrepresentation, or if one of the parties lacks legal capacity to enter into the agreement (such as a minor). A voidable contract, on the other hand, is one that can be legally enforced but gives one or more parties the option to cancel or rescind the agreement.
So, where does this leave a minor contract? In general, a contract entered into by a minor (someone under the age of 18 in most jurisdictions) is considered voidable at the minor’s discretion. This means that the minor can choose to cancel or rescind the contract at any time, even if they have already received some benefits or made partial payments.
The reasoning behind this rule is simple: minors are not considered to have the same level of legal capacity as adults, and may not fully understand the implications of their actions. Therefore, the law gives them additional protections when it comes to contracts. If a minor enters into a contract that they later realize was not in their best interest, they have the ability to back out without suffering significant legal consequences.
However, there are some exceptions to this rule. For example, contracts related to necessities like food, clothing, and shelter may be enforceable against minors even if they are otherwise voidable. Additionally, if a minor misrepresents their age or otherwise deceives the other party into thinking they are of legal age, they may be held responsible for fulfilling the contract.
In conclusion, the answer to the question of whether a minor contract is void or voidable is generally the latter. If you are entering into a contract with a minor, it’s important to keep in mind that they have the right to cancel or rescind the agreement at any time. As always, it’s a good idea to consult with a lawyer if you have any questions or concerns about your contractual obligations.