Contract Law For Minors In Philadelphia
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FAQ
Minors don't have contractual capacity, and the laws that define the age of contractual capacity (and maturity) are created to protect them. In most countries, minors generally cannot sign a contract that will be upheld in court. In other words, that contract would be voidable.
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 .
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.
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.
(a) Age for entering into contracts. --Any individual 18 years of age and older shall have the right to enter into binding and legally enforceable contracts and the defense of minority shall not be available to such individuals.
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.
If a parent signs on behalf of a child, the parent must submit a birth certificate or adoption decree to establish the parent-child relationship. A legal guardian may also sign a benefit request on behalf of a child who is under 14 years of age, as well as for a mentally incompetent person of any age.
( ACT NO. IX OF 1872 ) 11. Every person is competent to contract who is of the age of majority ing to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject.
Minors typically rely on parents, legal guardians, or other authorized adults to handle such matters. For example, parents or legal guardians must sign a Consent for Medical Treatment of a Minor document on behalf of hospital patients who are minors.
