The Law on Minors Not Being Able to Sign Contracts. Under 18 Please Read.

Discussion in 'Lawn Mowing' started by MMLawn, Nov 20, 2004.

  1. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    There have been numberous post on LS about minors and those under 18 years old being able to legally sign contracts. Most all that have replied have given the correct information that persons under 18 CANNOT sign legally binding contracts. But lately some have given advice that they can and not be held responsible and that is a dis-service to these kids as it is not based in what the law says but what they "think" or have been "told".

    I am not an lawyer (I did plan on that though and majored in Pre-Law in college) but my sister is and specializes in CONTRACT LAW and she directed me to the the LAW of all 50 States plus DC's including each States Code or Statue Number that spells it out the age limits on Legal Contracts. As you will see in ALL of these States Minors under 18 cannot sign legally binding contracts. Also as you will see nearly every state as what is called "Infancy is a Defense" clause which if a Minor does sign a contract and it is disputed that the OBLIGOR (the Customer in other words) not the minor is protected.

    My only intent here is to help these kids and clear this matter up with fact and law instead of statements and quesing.

    <b>Legal Contracts
    In all 50 states and the District of Columbia, the contract rights of youth under age 18 are restricted and/or infancy of the obligor is a defense to the enforcement of a simple contract.</b>

    Alabama, Ala.Code §§ 7-3-305 (infancy is a defense), 26-1-1 (age of majority is 19) Alaska, Alaska Stat. § 45.03.305 (infancy is a defense), 25.20.010 (person over age 18 has rights of citizen of full age), 09.55.590 (minor who has disability removed has capacity to contract) Arizona, Ariz. Rev. Stat. §§ 47-3305 (infancy is a defense), 44-131 (youth under 18 who are veterans or married to adults are exempted from disability by reason of age and have capacity to contract) Arkansas, Ark. Code Ann. §§ 4-3-305 (infancy is a defense), 9-25-101 (age of majority is 18) California, Cal. Com. Code § 3305 (infancy is a defense), Cal. Fam. Code § 6700 (minor cannot make a contract regarding real property or personal property not in minor's possession and minor has power to disaffirm contract), Cal. Fam. Code § 6710 (minor can disaffirm contract) Colorado, Colo. Rev. Stat. Ann. §§ 4-3-305 (infancy is a defense), 13-22-101 (persons 18 or older have capacity to enter into contracts) Connecticut, Conn. Gen. Stat. Ann. §§ 42a-3-305 (infancy is a defense), 1-1d (infant defined as person under age 18) Delaware, Del. Code Ann. tit. 6, §§ 3-305 (infancy is a defense), 2705 (persons age 18 or older have full capacity to contract) District of Columbia, D.C. Code Ann. §§ 28:3-305 (infancy is a defense), 46-101 (age of majority is 18) Florida, Fla. Stat. Ann. §§ 673.3051 (infancy is a defense), 743.07 (disabilities of nonage end at age 18) 743.01 (disabilities of nonage dissolved for minor who marries; married minor has right to contract) Georgia, Ga. Code Ann. §§ 11-3-305 (infancy is a defense), 39-1-1 (age of majority is 18), 13-3-20 (minors' contracts are voidable) Hawaii, Haw. Rev. Stat. §§ 490:3-305 (infancy is a defense), 577-1 (age of majority is 18) Idaho, Idaho Code §§ 28-3-305 (infancy is a defense), 29-101 (minors are incapable of contracting), 32-101 (married minors are competent to contract), 32-103 (minors can disaffirm contracts) Illinois, 810 Ill. Comp. Stat. 5/3-305 (infancy is a defense), 755 Ill. Comp. Stat. 5/11-1 (minor defined as person under age 18), 750 Ill. Comp. Stat. 30/5 (emancipated minors have right to enter into legal contracts) Indiana, Ind. Code § § 26-1-3.1-305 (infancy is a defense), 1-1-4-5 (defines infant as person under age 18) Iowa, Iowa Code Ann. §§ 554.3305 (infancy is a defense), 599.1 (age of majority is 18 or upon marriage), 599.2 (minors can disaffirm contracts) Kansas, Kan. Stat. Ann. §§ 84-3-305 (infancy is a defense), 38-101 (age of majority is 18, but married minors age 16 and older have capacity to contract) Kentucky, Ky. Rev. Stat. Ann. §§ 355.3-305 (infancy is a defense), 2.015 (age of majority is 18) Louisiana, La. Rev. Stat. Ann. § 10:3-305 (infancy is a defense), La. Civ. Code Ann. Art. 1918 (unemancipated minors do not have capacity to contract) Maine, Me. Rev. Stat. Ann. tit. 11, § 3-1305 (infancy is a defense), tit. 33, § 52 (minor's contract must be ratified in writing by person of full age to be actionable) Maryland, Md. Code Ann., Com. Law §§ 3-305 (infancy is a defense), 1-103 (age of majority for capacity to contract is 18) Massachusetts, Mass. Gen. Laws Ann. ch. 106, § 3-305 (infancy is a defense), ch. 231, § 850 (persons age 18 and older have capacity to contract) Michigan, Mich. Comp. Laws Ann. §§ 440.3305 (infancy is a defense), 722.52 (persons 18 and older have legal capacity of adults) Minnesota, Minn. Stat. Ann. §§ 336.3-305 (infancy is a defense), 645.45 (minor defined as person under age 18), 645.451 (minor defined as person under age 18), 645.452 (disabilities of minority end at age 18) Mississippi, Miss. Code Ann. §§ 75-3-305 (infancy is a defense), 93-19-9 (minors who have disabilities removed have capacity to make contracts) Missouri, Mo. Ann. Stat. §§ 400.3-305 (infancy is a defense), 431.055 (person becomes competent to contract at age 18) Montana, Mont. Code Ann. §§ 30-3-305 (infancy is a defense), 28-2-201 (minors are not capable of contracting) Nebraska, Neb. Rev. Stat. §§ 3-305 (infancy is a defense), 43-2101 (age of majority is 19 or upon marriage) Nevada, Nev. Rev. Stat. §§ 104.3305 (infancy is a defense), 129.010 (minors age 18 and older and emancipated minors have capacity to enter into contracts) New Hampshire, N.H. Rev. Stat. Ann. §§ 382-A:3-305 (infancy is a defense), 21:44 (age of majority is 18) New Jersey, N.J. Stat. Ann. §§ 12A:3-305 (infancy is a defense), 9:17B-1 (persons age 18 and older have right to contract) New Mexico, N.M. Stat. Ann. §§ 55-3-305 (infancy is a defense), 32A-21-5 (emancipated minor has capacity to contract) New York, N.Y. U.C.C. Law § 3-305 (holder in due course takes instrument free from defense of infancy), N.Y. C.P.L.R. 105 (infant defined as person under age 18) North Carolina, N.C. Gen. Stat. §§ 25-3-305 (infancy is a defense), 48A-2 (minor defined as person under age 18) North Dakota, N.D. Cent. Code §§ 41-03-31 (infancy is a defense), 9-02-01 (minors do not have capacity to contract), 14-10-11 (minor can disaffirm contract) Ohio, Ohio Rev. Code Ann. §§ 1303.35 (infancy is a defense), 3109.01 (persons 18 or older have capacity to contract) Oklahoma, Okla. Stat. Ann. tit. 12A, § 3-305 (infancy is a defense), tit. 15 §§ 11 (minors do not have capacity to contract), 17 (minor cannot make a contract regarding real property or personal property not in his control) Oregon, Or. Rev. Stat. §§ 73.0305 (infancy is a defense), 109.510 (persons 18 and older have rights of citizen of full age) Pennsylvania, 13 Pa. Cons. Stat. Ann. § 3305 (infancy is a defense), 23 Pa. Cons. Stat. Ann. § 5101 (persons over age 18 can enter into binding contracts) Rhode Island, R.I. Gen. Laws §§ 6A-3-305 (infancy is a defense), 15-12-1 (age for assumption of legal rights is 18) South Carolina, S.C. Code Ann. §§ 36-3-305 (infancy is a defense), 15-1-320 (minors defined as persons under age 18), 20-7-250 (contracts made in writing by infants must be ratified in writing by person of full age to be actionable) South Dakota, S.D. Codified Laws §§ 57A-3-305 (infancy is a defense), 26-2-1 (minor cannot make a contract regarding real property or personal property not in his control), 26-2-3 (minors may disaffirm contracts) Tennessee, Tenn. Code Ann. § 47-3-305 (infancy is a defense), 29-31-105 (minor who has disabilities removed is empowered to contract) Texas, Tex. Bus. & Com. Code Ann. § 3.305 (infancy is a defense), Tex. Fam. Code Ann. § 31.006 (minor who has disabilities removed has capacity to contract) Utah, Utah Code Ann. §§ 70A-3-305 (infancy is a defense), 15-2-2 (minor bound by contracts unless he disaffirms them) Vermont, Vt. Stat. Ann. tit. 9A, § 3-305 (infancy is a defense), tit. 1, § 173 (minors are persons under age 18) Virginia, Va. Code Ann. §§ 8.3A-305 (infancy is a defense), 1-13.42 (defines infant as person under age 18) Washington, Wash. Rev. Code Ann. § § 62A.3-305 (infancy is a defense), 26-28-030 (minor bound by contracts unless he disaffirms them) West Virginia, W. Va. Code §§ 46-3-305 (infancy is a defense), 2-3-1 (no person age 18 or older lacks capacity by reason of age to enter into contracts) Wisconsin, Wis. Stat. Ann. §§ 403.305 (infancy is a defense), 990.01 (age of majority is 18) Wyoming, Wyo. Stat. Ann. §§ 34.1-3-305 (infancy is a defense), 14-1-101 (youth age 18 or older can enter into a binding contract)
     
  2. rodfather

    rodfather LawnSite Fanatic
    Posts: 9,501

    Good thread...it's one I sure don't have to worry about though LOL.
     
  3. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    Also keep this in mind. The person under 18 in these cases would probably assert the defense that they are the actual OBLIGOR, and that the customer is the OBLIGEE. But in actual proceeds the customer would assert that they are in fact the OBLIGOR because they contracted for the services and to pay for the services and that the minor became the OBLIGEE in providing the service.

    This may be what some thinking they could sign contracts were referring too. However as stated by law as shown minors simply cannot sign legally binding contracts and would lose the defense of infancy as the OBLIGOR.

    My only reason for posting this is not to agrue "Case Law and court proceedings" but to simply point out as a service to these kids the law per state that plain and simple those under 18 years old (with few exceptions as shown) cannot sign legally binding contracts, thus preventing them from doing something that they cannot do.
     
  4. fga

    fga LawnSite Silver Member
    Posts: 2,449

    "N.Y. C.P.L.R. 105 (infant defined as person under age 18)"

    when i was a smart @ss teen ager, my uncle would say "by law you're still an infant, tough guy." i guess he was right, and the endless debate and argueing was pointless :rolleyes:
     
  5. tiedeman

    tiedeman LawnSite Fanatic
    from earth
    Posts: 8,745

    Already knew they couldn't by watching Judge Judy.
     
  6. YardPro

    YardPro LawnSite Gold Member
    Posts: 3,563

    see tv is edumakational
    :p
     

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