Agreement with Minor is Voidable: What You Need to Know

In legal terms, a minor is someone who has not yet reached the age of majority, which varies from state to state but is usually either 18 or 21. This means that a minor does not have the same legal rights and responsibilities as an adult, and this includes the ability to enter into contracts.

This principle is known as the “doctrine of infancy,” and it means that any agreement made with a minor may be considered voidable. This means that the minor has the right to either cancel the contract or affirm it once they reach the age of majority.

Why is agreement with minor voidable?

The reason behind this principle is that minors are typically not considered to have the same level of legal capacity as adults. They are not yet fully developed mentally, emotionally, or intellectually, and may not fully understand the legal implications of their actions.

For this reason, the law seeks to protect minors from entering into agreements that may be unfair or detrimental to them. To this end, any agreement with a minor is considered voidable, meaning that it is subject to being cancelled or voided at the minor`s discretion.

What constitutes an agreement with minor?

An agreement with a minor can take many forms, including employment contracts, rental agreements, loan agreements, and even purchases. In general, any contract that is entered into by a minor will be subject to the doctrine of infancy.

However, there are some exceptions to this rule. For example, contracts for necessary items such as food, clothing, and shelter are typically considered valid, as are contracts for education and medical care. In addition, some states may allow minors to enter into contracts for certain types of employment or apprenticeships.

What should you do if you have entered into an agreement with a minor?

If you have entered into an agreement with a minor and are concerned about its validity, you should seek legal advice as soon as possible. A lawyer can help you understand your rights and obligations under the law, and can advise you on the best course of action to take.

If you are a minor who has entered into an agreement and wish to void it, you should speak with a lawyer or other legal professional who can help you navigate the legal process. In general, you will need to provide evidence that you were a minor at the time the agreement was entered into, and that you did not fully understand the legal implications of your actions.

In conclusion, an agreement with a minor is generally considered voidable in the eyes of the law. This means that the minor has the right to either cancel or affirm the contract once they reach the age of majority. If you are concerned about the validity of an agreement with a minor, seek legal advice as soon as possible.