# Minors can only contract for Necessities? **URL:** \ **Category:** Factual Questions\ **Created:** [March 22, 2006, 12:27am UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375 "2006-03-22T00:27:50Z")\ **Posts on this page:** 5\ **Page:** 2
**Author:** ![askeptic](https://avatars.discourse-cdn.com/v4/letter/a/eb9ed0/32.png) [@askeptic](https://boards.straightdope.com/u/askeptic)\ **Post date:** [March 23, 2006, 1:53am UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375/21 "2006-03-23T01:53:45Z")
> [@ouryL](#): > > 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? Noneof these are straight forward. You have not specified whether the contract is for goods or services. Not that it changes the fact that contracts made with minors are voidable at the minors option. If a minor exercizes his right to void a contract he cannot keep the object of the contract. He gets his money back, the merchant gets his product. The merchant may even have an equitable remedy, enforceable not in contract but in equity. The fact that a minor fraudulently represents himself to be over the age of majority does not change the fact that as a minor the contract is voidable, but does not mean that he may not be liable for damages under some theory of fraud. No one is CONSIDERED a party to a contract who is not in fact a party. The mere presence of a parent does not make them a party to the contract. I am not sure what you mean by “conplicit” or complicit. Do you mean they acted as guarantor or actually became a party to the contract? I will leave it to someone else to discuss performance and partial performance of a personal services contract. ---
**Author:** ![Ms2001](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ms2001/32/18463_2.png) [@Ms2001](https://boards.straightdope.com/u/Ms2001)\ **Post date:** [March 23, 2006, 3:45am UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375/22 "2006-03-23T03:45:08Z")
> [@vetbridge](#): > > 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. May I suggest you get in touch with [NYRA](http://www.youthrights.org/) or another youth rights organization and see what you can do to help them out? You’d like to be able to hold minors to contracts; they’d like minors to be able to enter into contracts. ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [March 23, 2006, 1:45pm UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375/23 "2006-03-23T13:45:25Z")
> [@Rigamarole](#): > > 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. Well, the surgery typically is going to take place in minutes/hours, and I would rather not have the animal in my possession without a signed release. The litigious nature of our society is why I would rather turn the business away. ☹ ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [March 23, 2006, 1:51pm UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375/24 "2006-03-23T13:51:14Z")
> [@Mr2001](#): > > May I suggest you get in touch with [NYRA](http://www.youthrights.org/) or another youth rights organization and see what you can do to help them out? You’d like to be able to hold minors to contracts; they’d like minors to be able to enter into contracts. Interesting link, thanks. However, I really have no dog in this fight. 😉 ---
**Author:** ![MartinL](https://avatars.discourse-cdn.com/v4/letter/m/ebca7d/32.png) [@MartinL](https://boards.straightdope.com/u/MartinL)\ **Post date:** [March 23, 2006, 3:12pm UTC](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375/25 "2006-03-23T15:12:23Z")
> [@Martini Enfield](#): > > …, I had a part time job from when I was 11, … I am surprised that nobody here seems to have a problem with child labour! [Previous page](https://boards.straightdope.com/t/minors-can-only-contract-for-necessities/349375.md?page=1)