Ingly, a person dealing with a minor does so at his or her peril and subject to the right of the minor to avoid the contract. Yet, some contracts cannot be voided. Specifically, a minor remains liable for certain contractual obligations: Taxes.
In many cases, minors can't be held to the terms of a contract until they reach the age of majority. In other words, a minor has the right to opt out of a contract, even if the other party is an adult and is bound by the terms.
Key elements of an entertainment contract Parties involved. Clearly identify all parties involved in the contract. Scope of work. Detail the specific services or performances expected. Compensation. Duration of contract. Intellectual property rights. Confidentiality. Termination clauses. Indemnity and liability.
In most states, minors are not legally able to enter into contracts, and any contract they do enter into is considered voidable . However, parents can be held liable for contracts made by their minor children if they have given their consent or if the contract is for necessaries such as food, clothing, or shelter .
A Valid Contract is defined as an agreement that can be enforced by law under the Contract Act, 1872. To consider a contract valid, it is essential that it can be enforced by law. All the essential elements should be there in the agreement.
Ratification consists of any words or conduct of the minor which shows an intent to be bound by the contract. For example, Smith buys a car from Jones Ford Company for $10,000.00 when Smith is 17 years of age. Smith finances the car with Jones for 5 years making installment payments each month.
The law recognizes a minor as lacking the capacity to contract. Therefore, contracts with a minor are voidable. This, however, does not apply to the circumstances where minors are legally allowed to get into a contract and be fully obliged to the terms and conditions. Examples of such circumstances include necessities.
The Companies hereby ratify and confirm all of the terms and provisions of the Note Purchase Agreement and the other Transaction Documents and agree that all of such terms and provisions, as amended hereby, remain in full force and effect, except as, and to the extent expressly set forth herein.
Ratification by a minor can occur in two ways: Express Ratification: This occurs when the minor explicitly states, either in writing or verbally, that they accept the contract. Implied Ratification: This occurs when the minor's actions imply that they accept the contract.