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Minors
persons who are under the age of majority (usually 18 years).
Liability on Contracts (Minors)
a minor’s contracts are voidable at the minor’s option.
Disaffirmance (Liability on Contracts)
avoidance of the contract; may be done during minority and for a reasonable time after reaching majority, but not after ratifying the contract. Cannot disaffirm sale of land until after reaching age of majority.
Restitution (Liability on Contracts)
A minor who has disaffirmed contract is entitled to restitution; courts are divided on whether minor is LIABLE for restitution.
Ratification (Liability on Contracts)
Affirmation of the entire contract; may be done upon reaching majority.
Liability for Necessaries
A minor is liable for the reasonable value of necessary items (those that reasonably supply a person’s needs).
Liability for Misrepresentation of Age
Prevailing view is that a minor may disaffirm the contract. Some states prohibit disaffirmance; some states require repayment and some allow defrauded party to recover damages.
Liability for Tort Connected with Contract
if a tort and a contract are so intertwined that to enforce the tort the court must enforce the contract, the minor is not liable in tort.
Person Under Guardianship
Contracts made by a person placed under guardianship by court order are void.
Mental Illness or Defect
A contract entered into by a mentally incompetent person (one who is unable to understand the nature and consequences of his acts) is voidable. Either party may be liable in restitution.
Intoxicated Persons
A contract entered into by an intoxicated person (one who cannot understand the nature and consequence of her action) is voidable.