Enforceable Contracts with Minors
TITLE
Describe the categories of contract enforceable against a minor. Assess how effective the law is in balancing the protection of minors with fairness towards those adults who contract with them.
ESSAY
Title: The Enforceability of Contracts Against Minors in the English Legal System
I. Introduction
A. Definition of a minor according to the Family Law Reform Act 1969
B. Common law rule that contracts do not bind minors, except in specific circumstances
II. Categories of Contracts Enforceable Against a Minor
A. Valid Contracts
1. Necessaries contracts
a. Definition and case law (Nash v Inman, Chapple v Cooper)
2. Beneficial contracts of service
a. Definition and case law (Doyle v White City Stadium, De Francesco v Barnum, Clements v London and North Western Railway Co)
B. Voidable Contracts
1. Definition and case law (Corpe v Overton, Steinberg v Scala (Leeds) Ltd)
C. Minors' Contract Act 1987
1. Section 2: Enforcement of a guarantee
2. Section 3(1): Remedy of restitution
III. Assessment of the Law's Effectiveness in Balancing Interests
A. Paternalistic Outlook
1. Aim to protect minors from exploitation by unscrupulous adults
B. Necessaries Contracts
1. Enable adults to contract with minors for basic necessities
2. Minors only liable to pay a reasonable price, not the full contract amount
C. Beneficial Contracts
1. Provide minors with opportunities for training and employment
2. Law favors minors if contract terms disadvantage them
3. Fair💥minded adults have nothing to fear
D. Voidable Contracts
1. Workable arrangement allowing minors to walk away from contracts
2. Adults may receive payment up to the time of repudiation if consideration was provided
E. Minors' Contract Act 1987
1. Address perceived imbalances against adults
2. Section 2: Enforcing loans with guarantees
3. Section 3: Easier recovery of goods when minors are unjustly enriched
IV. Conclusion
A. Overall, the law on minors' contracts seeks to balance the protection of minors with fairness towards adults
B. The various categories of contracts allow for flexibility and consideration of the interests of both parties
C. The Minors' Contract Act 1987 supplements the common law by addressing specific scenarios where fairness needs to be upheld
SUBJECT
LAW
PAPER
A level and AS level
NOTES
Categories of contract enforceable against a minor:
Minors are individuals under the legal age of majority, as Explaind by the Family Law Reform Act 1969. The basic common law rule is that contracts do not bind minors, except in certain circumstances.
Valid contracts include:
💥 Necessaries: Contracts for basic requirements such as food and clothing are enforceable against a minor, with the minor only required to pay a reasonable price (Nash v Inman, Chapple v Cooper).
💥 Beneficial contracts of service: Contracts that provide training or employment opportunities to minors can be enforceable, with the law favoring minors if the terms of the contract are disadvantageous (Doyle v White City Stadium, De Francesco v Barnum, Clements v London and North Western Railway Co).
Voidable contracts:
💥 Contracts that are voidable allow minors to choose to walk away from the contract. However, an adult may receive payment up to the point of repudiation if consideration was provided. Examples include Corpe v Overton and Steinberg v Scala (Leeds) Ltd.
Minors' Contract Act 1987:
💥 Section 2 allows enforcement of a guarantee made by a minor.
💥 Section 3(1) provides a remedy of restitution, making it easier for adults to recover goods when a minor has been unjustly enriched.
Balancing the protection of minors with fairness towards adults who contract with them:
💥 The law on minors' contracts is paternalistic, aiming to protect minors from exploitation by unscrupulous adults.
💥 Necessary contracts provide opportunities for both adults to contract with minors and for minors to acquire basic necessities at a fair price.
💥 Beneficial contracts offer minors the chance to gain training or employment, with the law siding with minors if the terms are unfair.
💥 Voidable contracts strike a balance by allowing minors to walk away while ensuring adults receive payment up to a certain point.
💥 The Minors Contract Act 1987 addresses perceived imbalances against adults, providing mechanisms for enforcing guarantees and recovering goods.