07-27-2004, 11:10 AM
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#2 (permalink)
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The sky calls to us ...
Super Moderator
Location: CT
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From "Outlaw's Legal Service"
http://www.outlawslegal.com/refer/contracts3.htm
Quote:
Minors' Contracts.
It has been said that a minor cannot make a contract. This is not true. Minors can and do make contracts every day.
1. A minor's contract is voidable. The minor may repudiate it at his/her option.
a. The other party, unless (s)he also lacks legal capacity, is bound to the agreement with the minor.
2. In most states, a natural person under the age of 18 is a minor, and his/her contracts are voidable.
a. How old a minor looks, or how experienced (s)he is, is irrelevant to the minor's power to repudiate a contract.
3. Generally, a minor has the power to repudiate most contracts (s)he makes while a minor and for a reasonable time after reaching majority.
a. However, until steps are taken to repudiate the contract, the minor remains liable.
b. Public policy supports enforcement of certain contracts entered into by minors, e.g., military enlistment and auto insurance contracts. Some jurisdictions do not allow repudiation of a real estate transaction until the minor reaches the age of majority.
4. A minor's contract is voidable, not void, and it is voidable only by the minor. (Void means having no legal effect. Voidable means capable of later being rendered void. This distinction is important.)
a. EXAMPLE: Minor enters into a contract with Competent Adult. The contract is voidable. It is not void, and, unless and until Minor repudiates it, the contract is binding.
b. Any timely unequivocal act by the minor that indicates an intent to repudiate the contract is sufficient.
c. A minor can repudiate a purely executory contract by merely informing the other party.
d. When the contract has been partially or wholly executed, the minor must, if possible, return any consideration received from the other party.
Agreements for Sale of Goods for $500 or more.
Article 2 of the Uniform Commercial Code (UCC) governs the sale of goods.
1. Section 2-201 of the UCC provides that a contract for the sale of goods for the price of $500 or more is not enforceable unless there is some writing sufficient to indicate that a contract for sale has been made between the parties.
a. Goods are defined as movable personal property.
--1) The definition expressly includes growing crops and unborn animals.
2. The basic rule, however, has many exceptions; e.g., an oral contract for special-order goods may be enforceable. Chapter 13, Sale of Goods, must be consulted.
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Cliff's Notes: As long as your daughter does not repudiate the agreement she made when she signed for the shipment (Which I believe is a legally binding contract,) you should be able to recoup most of your loss in small-claims court. |
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