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Discussion in 'Other/General Law Forum' started by christineb63, 3 January 2015.
Australian law, can a minor be held to a contract he has signed?
As a general rule (common law), a contract entered into by a minor (that is, someone under 18) is not binding unless it is for:
goods or services that are necessary to maintain the minor's existing lifestyle, such as accommodation, food, clothing and medical services; or
a contract for employment or apprenticeship.
What was the contract for?
Dear Christine, I agree with John R, at common law (and under some state laws) a contract made by a minor is voidable, except in a few situations as described by John above.
Contracts not in these categories are voidable at law - in that the contract will and may continue in force until or unless avoided by the minor, however the minor remains bound by any obligations arising under the contract up until that point.
Minors can however ratify a contract once they turn 18.
Sale of Goods Act 1895 - Sect 2
2 . Capacity to buy and sell
(1) Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property: Provided that where necessaries are sold and delivered to an infant or minor, or to a person who by reason of mental incapacity or drunkenness in incompetent to contract, he must pay a reasonable price therefor.
(2) In this section —
necessaries means in this section mean goods suitable to the condition in life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery.
So basically they will have to pay if you prove that it is classified as "necessaries"