Position of Minor in a Contract

Position of minor in terms of a contract

A minor is a person who does not have the legal rights of an adult. A minor is usually defined as someone who has not yet reached the age of majority. In most states, a person reaches majority and acquires all of the rights and responsibilities of an adult when he or she turns 18. Until a minor reaches the legal age of adulthood, he or she may not be responsible for his/her own actions (including the capacity to enter into a contract which is enforceable by the other party), for damages for negligence or intentional wrongs without a parent being liable, nor for punishment as an adult for a crime. The national legal age for drinking or buying alcoholic beverages is 21. Marriage with or without parental consent, driving, prosecution for crimes, the right to choose an abortion and liability for damages vary from state to state.

A minor has no capacity to enter into contract. His agreement is absolutely void. The contract act very clearly says that the parties to a contract must be competent to contract. A person is a competent who is of the age of majority. An agreement entered into by a minor is not enforceable at law.

REASON:-

Law is a guardian and it protects the minor against his own in-experience and improper acts made in the early years of life. A minor is supposed to be incapable of judging what is good and what is bad for him.

Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty, there is a prima facie presumption that both parties hold the capacity to contract. Those who contract without a full knowledge of the relevant subject matter, or those who are illiterate or unfamiliar with the English language, will not often be released from their bargains.

1. Minor and Equitable Consideration:-

A minor is not liable to perform what...