Minors can only contract for Necessities?

Factual Questions
1

It came up in another thread that, as a general rule, minors can only engage in contracts for Necessities- ie, things they absolutely need- food, clothes, shelter, etc.

This got me thinking- when I was a minor, I had a part time job from when I was 11, and naturally I saved up my pay to buy stuff that I wanted (My first ever “Big” purchase was a $150 pair of Reeboks, which took me about four months to save up for!).

Anyway, since a contract requires offer, consideration, and acceptance, and even something as simple as buying a can of Coke or a chocolate bar is a contract, how does the “Minor’s Can’t Contract For Non-Necessities Thing” work in the modern world?

I mean, I bought my first car at 16, paid for it, and registered it in my name. I had insurance in my name, and bought quite a bit of other stuff- including an international flight and a holiday in the UK- long before I was 18, all using money I’d worked for myself.

Technically speaking, if Minors can’t contract for anything except necessities, shouldn’t it theoretically be impossible for kids to buy things like Ultra Smack Down WedgieFighter 2010 Omega Turbo Edition for their XBox, since I can’t imagine that Video Games count as a “Necessity” in a legal sense?

I’ve always assumed that what it all meant was the Minor’s couldn’t contract for anything really important- ie, Loans, Mortgages, Hire Purchase agreements, Cellphone Contracts, etc etc, but if a 16 year old wants to buy the Phatt Bass 5000 Hi Fi System with Fully Sick Subwoofa And Extra Bling, Yo, and that they’ve got the cash, then it isn’t a problem from a contractual point of view.

Anyway, if someone could enlighten me, I’d be most grateful, as I confess it’s not something I’ve really thought about before…

2

Most of the examples you cite don’t create a problem because, on a practical matter, (i) no one’s complaining; or (ii) the merchant gets paid at the time of contract. (If the merchant sold the video game on credit, and tried to collect later, he might have a problem.)
There’s more to it that that, but I think we’ve done this question before. When I get a spare second, I’ll see if I can track the old thread down.

3

I seem to recall very vagely a old TV court show like the peoples court, it may have been that show. It was a minor who bought something from a store that had a no-return policy and wanted to return the object. The rulling was that the store had to take it back as the minor couldn’t enter into such a contract - so the no return policy was unenforceable

4

A bit more I recall the judge saying to the no-return shopkeeper that he assumed ALL the risk when selling to a minor but it was his choice to make.

5

This thread goes into the issue:

http://boards.straightdope.com/sdmb/showthread.php?t=360299&highlight=necessities+minor+contract

See especially Gfactor’s reply here:

http://boards.straightdope.com/sdmb/showpost.php?p=7139911&postcount=36

The Irish link (third one) is particularly interesting, in that it summarizes the law of many countries, including the US.
(Usual disclaimer - general information, not reliable legal advice.)

6

Thanks very much for that! Certainly clarifies a few things…

7

As I understand it, if your legal guardian approves these purchases, they are inforceble.

8

I had to pull out my contract law book to clarify this, but I wanted to make sure I was in the right. According to my law book and the link on the other thread (Everyday Law Encyclopedia), minors can absolutely enter into contracts. The difference is that they can disaffirm the contract without being in breach, even if the contract has already been completely performed. In other words, you can enter into a contract with a minor, but they can get out of it scot-free if they want do.

9

Enforceable against the minor (which is what you seem to be claiming)?

Generally, no. As my links (which are really Gfactor’s links) state, there are some special procedures in some states that allow ratification of child-actor employment contracts, but even these states require court approval.

Enforceable against the parent or guardian?

Generally, yes.

ouryL, I would consider it a personal favor if you avoided replies in GQ about legal issues, especially when there’s already a reply from someone more qualified, with cites to the contrary. Your batting average is not good, and people might actually rely on what you say.
(Usual disclaimer. This isn’t reliable legal advice, I’m not your lawyer, state laws vary, etc.)

10

ouryL, I would consider it a personal favor if you avoided replies in GQ about legal issues, especially when there’s already a reply from someone more qualified, with cites to the contrary. Your batting average is not good, and people might actually rely on what you say.

I guess this post you are referring to must have been erased by the Mods :wally

Anyone who takes legal advise from an anonymous source deserves the fruits of their labor. ;j

A court can void *any * contract. They can also enforce certain ones too. If Billy’s mom buys her son those $300 shoes, the contract is inforceble. I think we can agree. If Billy’s mom gives her son $300 to buy these shoes, are you saying the contract is uninforceble? :dubious: And if it is voidable, must not the item be returned in the condition it was bought? What if the item is missing or damaged?

11

These are not accurate statements of the law, or so vague as to be unhelpful. A court cannot “void any contract.” It depends on what the law is.

As for the opinions you’ve given in this thread, please provide a citation to legal authority that demonstrates that the law is as you’ve suggested. I, for one, am very interested to see authority that states that a guardian can ratify and bind a minor to a contract. (I’ll get you started. You can avoid searching New York and California law, as this article will show: “Moreover, and contrary to commonly held beliefs, even approval of the contract by the parent or guardian of an infant does not bind the infant.” That leaves you 48 states to go (although I’m not hopeful, since that article cites to AmJur). Or perhaps you were thinking of Canada or the UK or Australia?)

Given the strength of your response to Random’s mild and polite suggestion, I shall be quite disappointed to return and find that there is no authority cited.

12

No posts were erased. Random was referring to your post above: “As I understand it, if your legal guardian approves these purchases, they are inforceble.[sic]”

This is wrong. And while your caution about taking legal advice from an anonymous source is certainly valid, it still doesn’t excuse YOU from OFFERING incorrect advice, especially in GQ. The mere fact that someone would be a fool to rely upon your errors doesn’t give you license to post those errors in GQ.

As long as we’re talking about a contract between Billy and the store, and as long as we agree that the shoes are not necessities, then Billy can - generally - disaffirm the contract. If Billy is acting as an agent for his mother, then the contract is between his mother and the store, and the situation is not relevant to our discussion.

If you have some actual statute or case law to the contrary, please offer it up.

Otherwise, I’m going to add my request to Random’s: please stop posting your guesses in GQ as though they were fact.

13

Im just another lawyer checking in to suggest that ouryL refrain from giving incorrect legal opinions. As has already been pointed out, nothing ouryL has posted in this thread has been an accurate statement of the law.

14

Every so often I get into a quandary involving medical release forms. When a client drops off a pet for surgery, I have a standard anesthesia release that I require they read and sign. Every so often the clent’s minor child is the one doing the dropping off, and it is my understanding that their signature on the release form is not worth anything (if their parent’s sig is “worth anything” is beyond the scope of this thread).

So, I turn away business and typically mom/dad is a little pissed off.

Counsellor(s)?

/hijack

15

Unlike the OP you are seeking legal advice to a specific legal issue. I for one would not be willing to answer. For one thing, I have no idea what jurisdiction you are in. Also most lawyers are aware of the dangers of providing legal advice over the internet.

16

^I understand. Just curious, as the whole thing is probably not worthy of a consultation.

17

Just out of curiosity, why don’t you just get the minor to take the form back home with them, have mom/dad sign and mail/fax it to you (assuming you get it before you actually perform the surgery)? Doesn’t seem like that would be the end of the world, I don’t know why you would turn away business for it.

18

Moderator Warning

ouryL. A little story: Once upon a time there was a poster named “Handy.” He was a nice, well-meaning guy. But he offered medical advice once too often, after he had been told to quit dispensing medical advice without a license.

I’m telling you now to quit offering legal advice in the forum called General Questions. When you pass the bar, I’ll reconsider.

Point-the-second: Don’t call people a “putz” in this forum. Don’t use the “putz” smiley in this forum.

To make sure you see this, I’ll email you a copy of my post.

samclem General Questions moderator

19

mea culpa

I apologize.

However, saying

is hardly diplomatic.

So I will in the future make points by asking follow up questions directed to the experts, if that is okay with you guys?

If the contract for services with a minor is uninforceble, does it mean he or she keeps the item that was bought?

If the minor fraudulantly represented his or her age as an adult, is this principle still uninforceble?

Is a parent or guardian considered a party to the contract if they are present and conplicit to the purchase. Then it becomes an inforceble contract, even if they sign and received nothing?

20

ouryL. Class act there. Nothing personal. I would have done it to anyone. Thanks for coming back.

samclem