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A minor can enter into a contract for a necessity, which will be enforceable. The idea behind this view is that the law shouldn’t restrict the ability of the minor to get legitimate necessities. The Sales of Good Act also provides the capacity to buy and sell when it concerns the minor or anyone who will pay a reasonable price for the necessity due to their drunkenness or mental incapacity.
Contracts entered into by a minor (anyone under the age of 18 in Ontario) are not binding on the minor unless they are formally ratified or authorized by him or her after reaching the age of majority. The contract, however, is still binding on the adult. When can an adult enforce a contract made by a child?
Micah B Rankin, 2015 93-1 Canadian Bar Review 277, 2015 CanLIIDocs 191
- Micah B Rankin
- Canadian Bar Foundation (cbr.cba.org)
- 2020-12-24
Nov 12, 2023 · In Ontario, under the common law, a minor can enter into a contract, but it is voidable at the minor’s option, unless it is for necessities or beneficial to the minor. In Quebec, under the Civil Code, a minor can enter into a contract without parental consent if it relates to employment or services that the minor can perform, and if the contract is not harmful to the minor.
Jul 19, 2024 · In both cases, the courts describe any contract that is made while one party is a minor, except for a contract for necessaries, as requiring ratification in writing. This differing application is noted by David Percy in “The Present Law of Infants’ Contracts”, (1975) 53.1 Can Bar Rev 1 [Percy]. Percy noted the following (at 13):
A contract with a minor (one who has not yet reached the age of majority) is not enforceable unless the contract concerns the providing of the necessities of life for the minor (food, clothing, shelter, etc.). The minor may, however, be able to enforce the contract, even if the other party is unaware that the individual is a minor.
People also ask
Can a minor enforce a contract in Ontario?
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Can a contract be made while a child is a minor?
Can a minor enter into a contract?
Can you do business with a minor in Ontario?
Can a minor enforce a contract?
1) unenforceable as against the minor, and 2) voidable by the minor. Basically, that means the contract can be enforced by the minor, but not the other contracting party. Also, there is an election to either confirm or revoke the contract once the minor reaches legal age (18 years in Ontario).
