Contract Law For Minors In Houston
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FAQ
A person of any age can enter into a contract, technically speaking. But Texas law holds that the contracts of a minor (that is, someone under the age of 18) are "voidable" by the minor.
Minors can sign contracts. Such contracts are not void, but only the adult(s) signing the contract are obligated to it. The minor doesn't have to abide, but the adults do.
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.
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.
Here is a brief overview of the essential elements of a valid contract under Texas law. There Must Be an Offer. There Must Be Acceptance. There Must Be Mutual Consideration. The Parties Must Be Capable of Forming a Contract. The Contract Must Be For a Legal Purpose. The Contract Should Be in Writing.
If a parent chooses to sign a contract for a minor, doing so will effectively mean the contract is the same as one signed by an adult. It will be legally binding and cannot be voided by the child or teenager.
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.
A minor can get into any contract, but the general law concerning a contract with a minor is that such contracts are voidable. The law is formulated to safeguard minors who cannot fully understand the consequences of a contract. This implies that minors can exit the contract at their will.
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.
As an example, a contract with a minor is voidable at the discretion of the minor on grounds of his age. But it is still binding on the party on the other side should the minor so decide.
