After the mature age to settle a debt contracted during the minority or on the basis of a contract Any contract that is not necessary for the minor may be cancelled by the minor at any time during the contract. If a minor enters into a contract and does not comply with his obligation, the debt contracted does not follow him until adulthood and essentially constitutes a loss for the other party. See the Fraud Act, which states: As with contracts entered into by adults, minors must meet certain requirements before a contract is considered enforceable. The main requirement is the ability to enter into contracts. Contractual capacity is questionable in the treatment of minors, since the reasoning is that a minor is considered insufficiently capable of understanding and communicating issues concerning contractual rights. Accordingly, a person who deals with a minor does so at his own risk and subject to the minor`s right to terminate the contract. If you plan to buy or sell to a minor, you should be aware of the risks associated with entering into a contract with that person. Courts generally do not maintain a contract between an adult and a minor. If the contract with a minor concerns an insignificant object, the contract is not valid. If the minor has concluded a contract for a non-essential object without the permission of his parents, the parent may have the contract declared invalid. A parent or guardian must accept a contract with a minor for the contract to be valid. Contracts with emancipated children are valid because the court has granted adult status to the emancipated minor.
Offer, acceptance, consideration, contractual capacity and intention to establish legal relationships. If any of the elements are missing, the contract is void and unenforceable. In another example, you sell a car to a minor with a private payment plan contract. If the minor stops making payments, you will not be able to sue him for breach of contract. The court will say that the person was not allowed to accept the contract. If a person decides to deliver goods to an infant on credit, he takes what happens if a contract is concluded during the minority, but the minor reaches the age of majority? However, some contracts cannot be cancelled. In particular, a minor remains responsible for certain contractual obligations: a minor may not disappoint one part of a contract and another part of a contract; the contract is valid in its entirety. According to the law, a minor can only be bound by basic necessities contracts. This is based, in part, on the belief that the law should not limit a minor`s ability to obtain legitimate necessities; If all contracts with minors were questionable, people would be reluctant to provide a minor with the bare necessities for fear that they would not be compensated.
The authority of this principle derives from both general and statutory laws, such as. B the cases of Der Linie Nash[2] or § 3 of the Sale of Goods Act[3]. With regard to the right of sale, the following power is provided: due to the unequal bargaining power between a minor and an adult, the possibility of terminating or cancelling a contract must be available to the minor, but not to the adult. A good example of this is that if a teenager bought a vehicle with money and later realized that it was a bad decision, he could invalidate this contract, but the seller of the vehicle would not do it, provided that the vehicle was not considered a necessity. ”. because an infant could not go into debt except for what was strictly necessary. R v. Rash allows the minor to terminate the contract if this is done within a reasonable time after Tuning 18. This concept is discussed in Rash as follows: When creating a contract with a minor, competence is the element at stake. Judicial approval of contracts by young artists is also allowed in New York. See NY CLS Art & Cult. Affr.
§ 35.03 (2005). This permission only applies to artists such as actors, musicians, dancers and professional athletes. The law is intended to provide a certain degree of security for parties who enter into parties with young children in the entertainment industry, so that the validity of these contracts is less likely to be subject to litigation. If a minor enlists in the armed forces as a minor, he is still obliged to fulfill his service obligations, even if he was a minor at the time of signing the contract. If a minor has a bank account, the same banking rules apply to the minor`s banking relationship as they do to adults. Although the rule that allows minors to cancel contracts at will exists to protect them, there are exceptions to protect other parties in contracts. If a minor or toddler could simply get out of a contract at will, very few people would want to take the risk of signing a contract. Some contracts for certain services and goods cannot be cancelled at will.
The economic status of the minor and his or her parents could be a factor in deciding whether a good or service is a necessity. For example, perhaps the largest number of enforceable parallel contracts relate to necessities consisting of goods reasonably necessary for subsistence, health, comfort or education. Therefore, contracts that make these items available to a minor cannot be excluded. The almost unlimited right of an infant to disaffirman contracts poses significant problems in the entertainment industry due to the large number of extensive contracts with minors. In recognition of this problem, California, and then New York, passed a law that provided for judicial approval of contracts from a minor`s entertainment industry, limiting the minor`s right to withdraw. The rule that allows minors to cancel contracts can have serious consequences, so the laws have some basic exceptions. .
