Balancing Freedom to Contract and Protection in English Law

Title: The Capacity of Minors to Make Binding Contracts in English Law

I. Introduction
In the English legal system, the law aims to strike a balance between the freedom to contract and the protection of individuals who may be vulnerable in contractual relationships. One such vulnerable group is minors, individuals under the age of 18. This essay will examine the capacity of minors to make binding contracts and assess the extent to which this balance is achieved when minors enter into contracts.

II. Capacity of Minors to Make Binding Contracts
A minor is Explaind as an individual under the age of 18. In Common Law, the general rule is that contracts do not bind minors. However, this rule has been subject to modifications over time, such that certain types of contracts do bind minors, while others are voidable at the minor's option.

III. Contracts that Bind Minors
Contracts for necessary goods and services, as well as beneficial contracts of service, are examples of contracts that unequivocally bind minors. In the case of Nash v Inman, the court held that a minor who purchased necessary clothing items was liable to pay a reasonable price for those goods. Similarly, in Chapple v Cooper, a minor was held responsible for the reasonable value of surgical services rendered.

IV. Voidable Contracts for Minors
On the other hand, certain contracts may be avoided by minors at their option. For example, in Clements v London & N W Railway Co, the court allowed a minor to avoid a contract for the purchase of a train ticket. Additionally, in Doyle v White City Stadium, a minor was permitted to avoid a contract for the purchase of a horse racing guide.

V. Continuing Contracts Made by Minors
Contracts of a continuing nature that were entered into by a minor but extend beyond their eighteenth birthday are considered valid when made but can be avoided at the minor's option before or within a reasonable time after reaching the age of majority. The appropriateness and fairness of these rules must be critically assessed, particularly in terms of their impact on innocent third parties involved in such contracts.

VI. Remedies Available to Parties Concerned
When minors enter into binding contracts, the legal system provides for specific remedies to ensure fairness and protect the rights of all parties involved. Candidates may consider specific restitution or specific performance as potential remedies in cases involving minors and contracts. Relevant provisions of the Minors Contract Act 1987 should also be examined to understand the legal framework governing contracts with minors.

VII. Conclusion
In conclusion, the capacity of minors to make binding contracts in English law is a complex area that seeks to balance the freedom to contract with the need to protect vulnerable individuals. By examining the types of contracts that bind minors, as well as those that are voidable, and assessing the impact of continuing contracts made by minors, the legal system strives to achieve this balance while ensuring fairness and providing remedies when necessary.