Contracts made by minors
A minor is the person under the age of 18. The general rule is that minors are not bound by a
contract he enters during their minority and the main purpose of this rule is to protect minors
against their inexperience and carelessness by releasing them of liability on contracts made
by them. There are some exceptions to this rule where the rights of other party are also
considered such as:
Contracts for Necessaries for which minors are generally bound by contracts for
necessaries, which are goods or services essential for their health, well-being, or
education.
Beneficial Contracts of Service such as employment contracts which provides them
with benefits, such as a job that pays them a fair wage, may also be enforceable
against them.
Voidable Contracts are those contracts made by minors that are not for necessaries or
beneficial services but the minor has the option to affirm or disaffirm the contract
upon reaching the age of majority and if they disaffirm the contract, they can normally
avoid any legal obligations under it.
Recovery of Money or Property means that if a minor enters into a contract that is
non-binding due to their status as a minor, they are generally entitled to recover any
money or property they have paid or handed over pursuant to that contract. This is to
prevent the minor from being unfairly deprived of their resources due to an
unenforceable contract.
Contracts for Necessaries
The contracts for necessaries for the sale of goods is defined in s.3(3) of the Sale of Goods
Act 1979 which states that the necessaries are goods which are appropriate to the condition in
life of the minor and to his actual needs at the time of the sale and delivery.
Court held that necessaries does not mean all necessities but it includes those goods
which are appropriate to the minor’s condition in life and his actual requirements
[Peters v Fleming (1840)].
Court describes the "quaint examples of a bygone age" as they suggest that older legal
cases may contain examples that appear outdated or unusual when considered through
a modern era and societal norms and understandings of minors' needs and rights have
evolved over time, leading to changes in legal interpretations and precedents [Allen v
Bloomsbury Health Authority (1993)].
A minor is the person under the age of 18. The general rule is that minors are not bound by a
contract he enters during their minority and the main purpose of this rule is to protect minors
against their inexperience and carelessness by releasing them of liability on contracts made
by them. There are some exceptions to this rule where the rights of other party are also
considered such as:
Contracts for Necessaries for which minors are generally bound by contracts for
necessaries, which are goods or services essential for their health, well-being, or
education.
Beneficial Contracts of Service such as employment contracts which provides them
with benefits, such as a job that pays them a fair wage, may also be enforceable
against them.
Voidable Contracts are those contracts made by minors that are not for necessaries or
beneficial services but the minor has the option to affirm or disaffirm the contract
upon reaching the age of majority and if they disaffirm the contract, they can normally
avoid any legal obligations under it.
Recovery of Money or Property means that if a minor enters into a contract that is
non-binding due to their status as a minor, they are generally entitled to recover any
money or property they have paid or handed over pursuant to that contract. This is to
prevent the minor from being unfairly deprived of their resources due to an
unenforceable contract.
Contracts for Necessaries
The contracts for necessaries for the sale of goods is defined in s.3(3) of the Sale of Goods
Act 1979 which states that the necessaries are goods which are appropriate to the condition in
life of the minor and to his actual needs at the time of the sale and delivery.
Court held that necessaries does not mean all necessities but it includes those goods
which are appropriate to the minor’s condition in life and his actual requirements
[Peters v Fleming (1840)].
Court describes the "quaint examples of a bygone age" as they suggest that older legal
cases may contain examples that appear outdated or unusual when considered through
a modern era and societal norms and understandings of minors' needs and rights have
evolved over time, leading to changes in legal interpretations and precedents [Allen v
Bloomsbury Health Authority (1993)].
