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Contract by a Minor. With some exceptions, a contract made by a minor is voidable. The minor, in other words, may avoid the legal liability under a contract. Upon reaching the age of majority, a minor may affirm or ratify the contract and therefore make it contractually binding on him.
Minors Have No Capacity to Contract Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. ... For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
In all states, the age requirement to sign a contract is 18 years of age. A child under the age of 18 is considered a minor and is unable to sign a contract unless it is for essential items. ... Otherwise, the minor child must have a parent or guardian consent to the contract in order for it to be legally binding.
In general, the legal age to enter a contract is 18. This can vary by state, and it is important to double-check before signing a contract.
What Is a Voidable Contract? A voidable contract is when a contract is valid, but can be voided by the option of either party. When a minor enters into a contract, they have to have capacity. If an adult enters into a contract with a minor that does not have capacity, the minor has the option to void the contract.
The minor retains the right of disaffirmance of the contract. ... However, in most states, a minor cannot disaffirm a contract for necessities, such as food, shelter, clothing, medical care or employment. A minor may also not disaffirm a contract for the purchase or sale of real estate.
Contracts made by minors are void since, by law, they lack the legal capacity or ability to enter into legally binding agreements or contracts by themselves. The law presumes that these individuals are not fully aware of what they are doing and as such, are placed into special categories.
A voidable contract is when a contract is valid, but can be voided by the option of either party. ... If an adult enters into a contract with a minor that does not have capacity, the minor has the option to void the contract. However, there are some contracts that even minors cannot void: Taxes.
Minors only have the ability to void a contract due to their lack of capacity while they are under the age of 18. If a contract is not voided before the minor reaches the age of the majority, most states will consider the contract legally valid.
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging.
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