QLD Issue with Contract with Minor?

Discussion in 'Australian Law Students Forum' started by PG95, 11 April 2018.

  1. PG95

    PG95 Member

    11 April 2018
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    I have a question regarding minor contracts. A minor engaged in a 4-year contract with a coach who trained an Olympic athlete. When the minor signed up, he went and bought $30000 worth of brand name clothing and equipment from a store yet to be delivered.

    I am struggling with putting the explanations of contract for necessaries and beneficial contract of service. I am in two minds. Is the coaching a contract a beneficial contract of service? As it is beneficial for the minor, or is it a contract of necessities? I have seen a case for golf apprenticeship that said it’s contract was a contract of service, and I have seen a website saying that music lessons or coaching come under necessaries? So I am a little confused.

    Also, would the contract between minor and supplier of goods be a contract of necessaries? And we have to prove if it was necessary or not?

    Thanks in advance
  2. Rob Legat - SBPL

    LawTap Verified

    16 February 2017
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    For necessities: these are not confined to articles for basic existence, but include goods and services needed to maintain their lifestyle. What they already have is relevant (although it would be hard for the supplier to know that).

    Beneficial contract of service: these are only enforceable if the court considers them to be more beneficial than onerous. Might be a red herring though, as these are more for where the minor is providing services from memory.
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  3. James Dylan

    James Dylan Well-Known Member

    6 January 2018
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    For goods or services to be necessaries, the minor must not already be adequately supplied with the goods at the time of contract. Scarborough v Sturzaker (1905) 1 Tas LR 117, illustrates this. So it would need to be shown that your minor did not already have adequate sporting goods for his training, and needed the $30k of stuff.

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