Seleccionar página

However, some contracts cannot be declared null and void. More specifically, a minor remains responsible for certain contractual obligations: once a minor reaches the age of majority, he or she can ratify the treaty. Once the treaty is ratified, the former miner can no longer change his mind and avoid the treaty. Ratification consists of the words or behaviour of the minor that show an intention to be bound by the treaty. For example, Smith bought a car from the Jones Ford Company for $10,000.00 when Smith was 17. Smith financed the car with Jones for 5 years and made monthly installment payments. Smith reached his 18th birthday and continued to pay Jones for two months, then had a wreck. Smith decided to avoid the contract and get his $10,000.00 back. However, the fact that Smith reached the age of 18 and continued to make payments for the car and use it would prevent him from terminating the contract. Smith`s conduct constituted ratification of the treaty.

However, many courts refuse to recognize payments as ratification unless other evidence is presented of an intention to ratify a treaty or an agreement by a minor that the payment could constitute ratification. In the situation with Smith and Jones, Jones argued that Smith continued to use the car after the age of 18 and made payments for the car. If a minor enlists in military service as a minor, he is still required to perform his official duties, even if he is a minor at the time of signing the contract. If a minor has a bank account, their banking relationship is subject to the same banking rules as adults. 1. Any contract with a minor or child is neither valid nor cancellable, but void from the outset. New York offers special rules for minor insurance contracts. In particular, if a minor terminates a contract, there are certain legal rules regarding the impact on property that the minor receives under the contract. If the minor still has what he received from the other party, he must return it to the other party if he tries to terminate the contract. If he does not return the property in such a situation, he cannot circumvent the contract. If the minor cannot return what he has received under the contract because it has been consumed, damaged or destroyed, he can always terminate the contract.

He can circumvent the contract and is only obliged to return the part of the consideration he has left. Even if he has nothing left or if it is damaged, he can resolve the contract. Facts – The plaintiff, Dharmodas Ghosh, pledged his property to the defendant, a money lender, when he was a minor. The defendant`s lawyer knew the applicant`s age at the time. The plaintiff ultimately paid only 8000 rupees, but refused to pay the remaining amount. The applicant`s mother was his closest girlfriend (legal guardian) at the time; He therefore brought an action against the defendant, arguing that, since he was a minor at the time of the conclusion of the contract, he was not obliged to do so. Other exceptions to contract law for minors are contracts that cannot be declared null and void. The rule that allows minors to invalidate contracts can have serious consequences, so laws provide for fundamental exceptions.

An exception allows a minor to terminate or accept the contract within a reasonable time after reaching the age of majority. Finally, under section 11 of the Indian Contracts Act, a minor cannot enter into a contract. In Mohori Bibee v. Dharmodas Ghose, it was held that any contract to which a minor is a party is null and void from the outset and of no effect. This was an important decision that clarified the nature of the minor`s agreement. Therefore, if a minor enters into a contract, he will not be found guilty, will not be obliged to reimburse if there is a breach of contract and he will not have the right to recover a contract if he becomes of age. The parents of a minor are not responsible for contracts concluded by the minor solely because they are the minor`s parents. However, if a minor enters into a contract and a parent or other adult signs with the minor as a co-signer, the parent or other adult may be held liable. For example, if Smith, who is a minor, buys a car from Jones` car and Smith`s father co-signs the loan documents with Smith, Smith`s father may be held responsible for the loan, even if Smith tries to avoid the contract. Although the rule that allows minors to cancel contracts at will exists to protect them, there are exceptions to protect other parties to contracts.

If a minor or toddler could simply withdraw from a contract at will, very few people would want to take the risk of entering into a contract. Certain contracts for certain services and goods cannot be declared null and void at will. The economic situation of the minor and his or her parents could be a factor in deciding whether a good or service is a necessity. However, certain types of contracts cannot be declared invalid, even if the person is a minor, including: If you wish to enter into a contract with a minor or baby, please be aware that you do so at your own risk. Minors and infants generally retain the right to declare a contract invalid at any time, which means that you have no guarantee that the contract will actually be concluded. The reason minors are allowed to invalidate contracts is that they are protected from being forced to perform contractual obligations they cannot understand. Several factors can be used to determine whether a good or service is needed, including the economic situation of the minor and his or her parents. If the court decides that an object is necessary and that the contract concerning it cannot be declared null and void, it may either enforce the conditions contained in the contract or decide that the minor must pay for the services or goods provided. If a minor decides to invalidate a contract, the entire contract must end.