You can enter into a contract with whomever you want. And most contracts work well without the need for legal action. But if something happens and one party violates (violates) the contract, only a valid contract can be sued and decided (negotiated). Under what circumstances can a minor enter into a contract enforceable by the other party? Is it allowed if they are supervised by an adult? Can a minor conclude a contract for the purchase of real estate for his parents? If you want to enter into a contract with someone and you want to sue the person if the contract is breached, you need to make sure that the contract is valid. For a contract to be considered valid, all six elements of the contract must be present. The first three relate to the Treaty itself. The other three elements concern the parties involved. To have a valid contract, all parties signing the contract must have the legal capacity to do so. This means that the person signing must have sufficient understanding that they are entering into a contract and the terms they are accepting. A minor may terminate a contract only as long as he or she has not yet reached the legal age (again, usually 18 years) or for a reasonable period of time after reaching that age. If a person does nothing to confirm the contract after they cease to be a minor, the law may state that they can no longer cancel the contract. Adults who enter into contracts with minors may question whether it is legal to do so.
A minor who decides to terminate a contract because of his or her age must declare the entire contract null and void. The law does not allow them to continue to perform part of the contract while other parts are declared invalid. In most cases, intoxication due to drug or alcohol use does not deprive a person of the legal capacity to enter into a contract. If you voluntarily got drunk and entered into a contract, most courts will not give you the right to invalidate your contract because you believe you should take responsibility for your actions. The exception to this rule is if your intoxication was so strong that you could not understand the effects of contracting and a sober party took advantage of you. Whether you are selling something or buying something from a minor, you need to be aware of the pitfalls of an agreement between you and that young person. Most contracts with minors are not confirmed by a court. In general, minors do not have the legal capacity to enter into a contract unless a court approves the contract or the law of a State permits it. A minor can leave a contract (this is called « rejecting » or « cancelling » the contract). The minor may terminate the contract at any time during his majority or for a reasonable period thereafter.
The minor may not only refuse part of the contract; You must reject all of this. Of course, the minor must return the money or be sued. In some states, the minor must take steps to return the adult to his or her pre-contract state. However, if a parent or guardian signs the contract with the minor, the contract is considered valid and legally binding. In principle, only persons with legal capacity may conclude a contract. This means that minors, unhealthy people and people deprived of civil rights cannot go into debt. (Civil Code § 1556.) However, according to article 6700 of the Family Code, a minor may conclude certain types of contracts. Contracts related to the transfer of powers of attorney, such as a power of attorney, real estate or an interest in real and personal property that is not in the possession or direct control of the minor, are excluded. Schorr Law`s professional real estate lawyer has extensive experience in dealing with void and voidable contracts and can assist you in this type of dispute. We have experience in concluding contracts with minors in the real estate context. To schedule a consultation with one of our Los Angeles real estate attorneys, please call us at (310) 954-1877.
You can also send us an email at firstname.lastname@example.org or send us a message via our contact form. Apart from necessity contracts, minors may enter into a legal agreement, but the contract is considered « terminable » only by them. This is due to the presumption that minors do not have the legal capacity to accept the terms of the contract initially. In general, minors who conclude sports or entertainment contracts are bound by them and cannot declare them disabled at will. Many problems can arise when a contract involves a minor, and employment contracts with minors also require special attention. Other states use the affective test to determine whether someone is mentally capable of entering into a contract. With this test, a contract is voidable if one party is incapable of acting reasonably and the other party is aware of this restriction. Some jurisdictions use the motivation test to determine legal capacity. This test determines a person`s capacity by measuring whether or not they understand whether or not they need to enter into a contract. Unfortunately, these tests are not always effective and can produce different results when used in a person with a mental disability such as bipolar disorder. Legal capacity, like other contractual matters, is governed by State law. The age at which a person is considered a minor varies by state.
For more details on your state`s laws regarding minors, please visit your state legislature`s website. In general, anyone who enters into contracts with an infant or minor seeks to do so at their own risk. This means that the law gives young children the opportunity to invalidate or terminate the contract at their discretion. The regime`s most common justification is to protect minors from taking on obligations they cannot understand. It is obvious that this will lead to severe results, so some general exceptions have been created. When a minor reaches the age of majority and is still under contract, he or she has a limited reasonable period of time to accept or invalidate the contract. First, the legislator wants to protect minors from their own neglect and others who want to take advantage of their naivety. Second, the legislator wants to discourage adults from entering into contracts with minors. Adults who enter into contracts with minors do so at their own risk. If you are considering buying or selling something to a minor, you should be aware of the risks involved in entering into a contract with that person. Courts will generally not confirm a contract between an adult and a minor.
If the contract with a minor concerns a non-essential subject, the contract is not valid. If the minor has entered into a contract for non-essential items without the permission of his or her parents, the parent may have the contract declared invalid. A parent or guardian must agree to a contract with a minor for the contract to be valid. Contracts with emancipated children are valid because the court has granted the emancipated minor adult status. While most contracts with a minor are questionable, several states have statutes that allow minors to sign and be bound by a contract with an adult. These contracts are usually insurance or employment contracts. A minor may choose to terminate the contract or continue as agreed. The Minors` Capacity to Contract Act aims to prevent minors from entering into a contract that exploits their misunderstanding. Minors usually rely on their parents, guardians, or other authorized adults to deal with these issues. For example, parents or guardians must sign a document about the medical treatment of a minor on behalf of minor patients in the hospital. If a contract is questionable, i.e.
it is not motivated by necessity, military service or any of the other enforceable categories, minors generally have two options to withdraw: In general, minors do not have the legal capacity to enter into a contract unless a court approves a state`s contract or law. In many cases, minors may not be bound by the terms of the contract until they reach the age of majority. In other words, a minor has the right to terminate a contract, even if the other party is of legal age and bound by the conditions. Therefore, from the minor`s point of view, a contract is in most cases a bona fide agreement, but not legally enforceable. Below we discuss how the law treats minors with regard to contracts, including how and when contracts can be declared invalid and specific rules for contracts deemed necessary for basic things. If your child is emancipated, that is, the court granted him adult status while he was still a minor, his contracts are considered valid. If the child has gone to great lengths to make it appear that he or she is 18 years old, for example by presenting a false identity card, the court may decide that the contract is legally binding despite the child`s status as a minor. While most contracts with a minor are questionable, several states have laws that allow minors to sign a contract with and be bound by an adult.
These contracts are usually insurance or employment contracts. Litigation protection for all your contracts with Document Defense® Capacity, as for other contractual matters, is based on state law. The age at which a person is considered a minor varies by state. For more information about your state`s laws regarding minors, please visit your state legislature`s website. For a contract to be legally binding, both parties must be able to sign it. The mental capacity to enter into a contract test is whether the person was capable of understanding the nature and consequences of the agreement.