When two parties enter into a contract, certain legal obligations are imposed on them. However, when one of the parties is a minor, the law imposes additional protections for their benefit. In this article, we`ll explore what it means for a contract to be legally binding on a minor.

What is a Minor?

In most countries, a minor is a person who is under the age of 18. However, some jurisdictions may have different age thresholds, such as 16 or 21. The age of majority is the point at which a person is recognized as an adult and is legally responsible for their actions.

What is a Contract?

A contract is an agreement between two or more parties, which creates legally binding obligations. Contracts can be written or verbal, but to be legally enforceable, they must have certain elements such as an offer, acceptance, consideration, and an intention to create legal relations.

Are Contracts with Minors Legally Binding?

In general, contracts with minors are not legally binding. The law recognizes that minors lack the legal capacity to enter into contracts because they are not yet capable of managing their own affairs. Therefore, a contract with a minor is considered voidable, which means that the minor can choose to either enforce or void it.

Exceptions to the Rule

However, there are some exceptions to this rule. For example, contracts for necessities like food, clothing, and shelter are typically enforceable against minors. This exception is based on the understanding that minors need these items to survive and that it is in their best interest to have access to them.

Similarly, contracts entered into by a minor that benefit them, such as agreements related to their education or employment, are also likely to be enforceable. These contracts are viewed as being in the best interest of the minor, who is presumed to have the capacity to understand the nature and consequences of the agreement.

What Happens if a Minor Enters into a Contract?

If a minor enters into a contract that is not enforceable, they have the right to void it. This means that they can choose to walk away from the agreement without any legal consequences. However, if the minor chooses to fulfill their obligations under the contract, they are entitled to receive the benefits of the agreement.

Similarly, if the other party to the contract seeks to enforce it against the minor and the minor does not void it, the contract becomes binding on both parties. However, if the minor voids the contract, both parties are released from their obligations under it.

Conclusion

In conclusion, contracts with minors are generally not legally binding. However, there are exceptions to this rule, such as contracts for necessities or those that benefit the minor. Ultimately, if a minor enters into a contract, they have the right to void it, but if they choose to fulfill their obligations, they are entitled to receive the benefits of the agreement. As such, it is crucial to be aware of the unique legal considerations when entering into a contract with a minor.