Question about the law: minors and contracts

[WHSLacrossekid]

In my business law text book it states :

"In most states, if minors are unable to return exactly what was recieved under the contract they can still get back everything they gave. This is true even if a minor returns used or damaged goods. It is also true even if a minor returns nothing because the goods have been lost, consumed or destroyed."

I did a google search and nothing came up. It seems if this were the truth it would be a common practice for minors to rip companies off. Does anyone have experience with this ?

 

[Ness]

Could you provide more of that selection?

I would assume the misinterpretation is in what is considered a contract. Like, store purchases aren't considered a contract...

but say a company hires some 16 year old to do web design, the kid takes the money and backs out... they can't do anything.

 

[ggavinmoss]

I think you're making a pretty big assumption about the knowledge kids have of the law and about the moral character of kids...

-geoff

 

[WHSLacrossekid]

It gives this example:

"Lamon, a minor, bought a diamond engagement ring and a necklace for his fiancee, Morgan. He paid for the items in weekly installments of $10. On the day Lamon acheieved majority, he and Morgan quareled. Morgan returned the ring to Lamon bur refused to part with the necklace."

answer:

"Morgan was legally entitled to keep the necklace because it was an ordiary gift not connected with the proposed marriage. Lamon could return the ring to the jeweler and demand a refund of the money he had paid for both pieces of jewelry. Lamon is entitled to the money he had paid on the ring. In most states, he is even entitled to what he had paid on the necklace."

 

[alkemyst]

This is why only an idiot would enter a contract with a minor.

Minor's cannot be held responsible for contracts, hell up until recently they couldn't be held accountable for murder either. However in court if the item is 'there' very few judges will say 'oh the kid can keep it'.

 

[WHSLacrossekid]

anyone??

 

[bleeb]

yes. minors are allowed to withdraw from contracts because in the courts eye, they are incompetent to make contractual agreements. That is why many contracts have clause which say that the other party must be older than 18.

If you look at the laws of contracts...
There must be some legal form, competent parties, consideration.

 

[WHSLacrossekid]

anyone else care to comment?

 

[anxman69]

It's true, minorship rights are pretty far-reaching.

Just keep in mind that if a minor engages in a contract, but lies about his age, he is liable for the tort of fraud.

Moral of the story: Don't enter into contracts with minors.

-Ankur

 

[CZroe]

Originally posted by: WHSLacrossekid
In my business law text book it states :

"In most states, if minors are unable to return exactly what was recieved under the contract they can still get back everything they gave. This is true even if a minor returns used or damaged goods. It is also true even if a minor returns nothing because the goods have been lost, consumed or destroyed."

I did a google search and nothing came up. It seems if this were the truth it would be a common practice for minors to rip companies off. Does anyone have experience with this ?

I was told by my mother many years ago that Wal-Mart couldn't refuse to take back video game software because I was a minor. My copy of Nintendo/Rare's Killer Instinct had a cracked cartridge conector. I had the manual, receipt, box and even shrinkwrap. They refused anyway.

 

[IEatChildren]

You can however request that a minor have his parents' approval for the contract, or request the parents to sign the contract on behalf of the minor, therefore taking all responsability for said minor's failur to complete the contract in question.