How does the capacity of minors affect the ability of an adult to enforce a...
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How does the capacity of minors affect the ability of an adult to enforce a contract against a child? Which of the following is correct?
| Under the common law a minor will always be liable for any contract, irrespective of their age, if it can be proved that they understood the contract and its implications | ||
| Under the common law a minor may be found to have entered an unenforceable contract, however under various state legislation they may be liable if it can be demonstrated they understood and consented to the agreement | ||
| State legislation has now removed the distinction between luxuries and necessaries, a minor therefore has the capacity, and consequently the liability, for every contract they enter into | ||
| A minor may lack capacity to make certain contracts, e.g. contracts for luxuries, which are therefore not enforceable against the minor, whereas contracts for necessaries will be enforceable, unless this is modified by state legislation |
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