Contracts and Minors

The law gives minors the ability to void the contracts based solely on their age, even if they misrepresented their age to the other party.

In order to void the contract, the minor must still be under the age of 18. Once the individual is no longer a minor, the contract is ratified, becomes legally viable, and can be held up in court. If a minor chooses to void a contract, they must void the whole thing; they cannot void one part and agree to another.

Additionally, if the contract included the purchase of goods, the items or money must be returned when the contract is voided. If there is damage to the goods, such as the purchase of a car, the minor must pay restitution. If a minor chooses to void a contract and does not return the goods, they could face criminal charges.

There are certain exceptions when a minor cannot void a contract. These include:

–          Sports or Entertainment Contracts
–          Contracts for goods that are necessary to the health or safety of the minor
–          If the minor has been married

Before entering into a contract with someone, especially if you think they may be a minor, you should check the person’s identification if they are not known to you, consider asking for a co-signer, and have a business law attorney review the contract before you sign it.

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