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Speak Up! - View Question #344 |
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Question: Is it legal for minors to make/break contracts?
Answer: First we have to decide what 'minors' means. The definition of 'minor' is determined by state law. In Arizona and Michigan, a minor is someone under 18. In some states minors are those under 21. The law says that minors do not have the 'legal capacity' to make contracts. That is a fancy way of saying that the law doesn't consider you old enough to know what you're getting into when you enter into a contract until you're 18 (or whatever state law says is an 'adult'). It follows that if you can't legally be part of a contract when you're a minor, you can't legally break a contract (because you were never considered to be a party to the contract in the first place). Although this is the general rule, there are some kinks to contract law so if there is a specific contract you are concerned with, we encourage you to consult a lawyer in your state.
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| 1 thru 5 of 6 comments |
On 01/07/08
stacy from AS said:
I dont care for this
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On 10/06/05
Md from NY said:
Fortunately or unfortunately, the law is not based around how you "think" it should work.
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On 01/06/04
trixie from NV said:
if someone is going to sign a contract, they are the ones getting them selves into it, so no i dont think that anyone should be alowed to break a contract, unless it is for a good enough reason to go back on their word, a contract is a legal document and if someone is not mature enough to handle something then they should not sign anything that says they are!
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On 09/01/02
Shakea from MO said:
I think that it is unfair to minors who are responsible. I have a daughter, whom I take care of myself, and work and go to school. Why should I have to beg my irresponsible mother for a ride everyday when I could just be buying my own car? I think that if you have a job and seam consistant with school and work that "minors" should be able to buy what they feel they need.
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On 02/14/02
Joanna Cahill from MA said:
I think that after 18 you should be held accountable for any contract or legally binding documents...I think it's silly that I can have credit cards but I can not donate my eggs to infertile couples. There is a family that would like me to donate eggs, and I'm willing but I can not because I am under 21, this is completely unjustified and I am outraged!
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