Can a Person under the Age of 18 Enter into a Legal Contract

Below we discuss how the law treats minors in relation to contracts, including how and when contracts can be declared null and void, and special rules for contracts deemed necessary for basic things. The policy behind this law is twofold. First, the legislator wants to protect minors from their own negligence and from those who try to exploit their naivety. Second, the legislator wants to discourage adults from being infected by minors. Essentially, adults who enter into contracts with minors do so at their own risk. If you plan to buy or sell something from a minor to a minor, you should be aware of the risks associated with entering into a contract with that person. In most cases, the courts do not maintain a contract between an adult and a minor. If the contract with a minor concerns a non-essential object, the contract is not valid. If the minor has entered into a contract for a non-essential purpose without the permission of his parents, the parent may cancel the contract. 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.

In general, minors do not have the legal capacity to enter into a contract unless a court approves the contract or the status of a State permits it. Miners can and will sign many types of contracts, such as: for summer jobs, acting shows or car purchases. However, the question of whether these contracts are enforceable is not so simple. Since minors do not have legal capacity as adults, the rules for the execution of certain types of contracts differ considerably from contracts between adults. Can a minor enter into a legal contract? Yes, minors can enter into a legal contract, although in most cases the contract is unenforceable.3 min read Minors are generally considered to have insufficient skills to understand contractual rights and are therefore generally unable to enter into contracts. Contracts with minors are generally questionable. However, some contractual obligations remain binding even if the party is minor. A contract of necessity – medical care, food or accommodation – is not questionable and the minor remains responsible for the obligations. Note that minors cannot choose from the terms of a contract. The only choice is to invalidate the entire contract or not to declare it invalid at all. In practice, the parties can cancel the contract through a mutual withdrawal and release agreement to avoid searching the courts.

The minor may be required to refund or return items after a contract has been declared invalid. So when are contracts between minors and adults enforceable in court? In many cases, minors cannot be bound by the terms of a contract until they reach the age of majority. In other words, a minor has the right to withdraw from a contract even if the other party is of age and bound by the conditions. Therefore, from the perspective of the minor, a contract is in most cases an agreement in good faith, but not legally enforceable. Schorr Law`s professional real estate lawyer has extensive experience in dealing with null and voidable contracts and can help you with these types of disputes. We have experience in dealing with the signing of minors` contracts in the real estate context. To schedule a consultation with one of our Los Angeles real estate lawyers, please call us at (310) 954-1877. You can also send us an e-mail to or send us a message via our contact form. Even if a person is of legal age, a contract cannot be legally binding.

Age is just one factor among many. If a person is unable to contract due to a mental illness or impairment, it does not matter whether they are of legal age or not. Contracts also require mutual consent between each party. If a minor does not disclose his or her actual age and later indicates that he or she is a minor, the contract is still invalid due to a lack of performance. If a minor accepts a contract without a legal guardian being a party, the guardian cannot be held liable if the minor does not comply with the end of his contract. However, if a parent or guardian co-signs the contract with the minor, the contract is considered valid and legally binding. In most cases, intoxication due to the consumption of drugs or alcohol does not release a person`s legal capacity to enter into a contract. If you are voluntarily drunk and have entered into a contract, most courts will not give you the right to cancel your contract because you believe you should take responsibility for your actions. The exception to this rule is when your intoxication was so strong that you could not understand the effects of signing the contract and a sober party took advantage of you. The entire contract must be declared null and void if a minor decides to cancel part of it. It is not possible to annul a single provision of the agreement. The minor cannot simply choose the terms of the agreement that seem favorable.

In addition, the minor may be required to refund the goods received or return the object of the contract. The courts have not decided whether a minor usually has to pay for repairs or depreciation of an item that has benefited him. Although a minor may sign a contract, the contract may not be legally enforceable. Understanding your state`s laws before signing a contract as a minor or with a minor can help you make informed decisions and protect your interests. If you have any further questions about contract law or other legal issues, contact a lawyer. Since minors do not have legal capacity, the courts allow minors to terminate a contract whenever they wish. The other party does not have the right to cancel the contract, but only the minor party. Although a contract with a minor is valid, the minor may leave the contract at any time. Obviously, it is very easy to abuse this rule, which is why there are certain exceptions to a minor`s ability to invalidate contracts. A minor has the possibility of concluding a legal contract. The problem, however, is that the courts will not enforce most contracts in which a minor is involved.