Contract as a minor

What is the name of your state (only U.S. law)? Massachusetts.

So first, the back story:
Late last year (2008), when I was 17, I entered into a verbal contract with somebody who was over 18 (really, over 50). The contract stated that I would make a website for an event he was going to run, and that he would pay be $x.

Everything was going great: I made the website. He reviewed it, I got paid, and I started to move on with life. After I had spent the money he gave me (I believe it was rightfully mine, I had done the work after all) he called me and told me to not spend the money. He decided that he wanted his money back because he had found somebody that would make the website for free. He had also threatened me with small claims court.

This was in January.

I, of course, did not pay him because I believed that he had reviewed the final product I produced for him and payed me.

In April I received a letter from him (via verified mail) stating that I would either give him his money back or he would take me to small claims court. I thought he was bluffing, so I simply ignored the letter.

On June 13th, I turned 18.

On June 18th, he filed a claim in small claims.

Here's what the magistrate decided:
That I should pay back half of what he wanted plus legal fees. I hadn't mentioned that I was a minor during the whole ordeal with the client.

Here's where I am now:
I filed a motion to reconsider. I plan on bringing up the fact that I was a minor at the time, and he specifically filed after I had turned 18.

I have gathered the following to demonstrate that I was a legal minor:
Clauses 48 - 51: M.G.L - Chapter 4, Section 7
Massachusetts Age of Majority Law Law Summary and Law Digest

Other fact(s):
The magistrate stated that I should have had him sign a contract. I believe this would have been illegal (the magistrate was not aware of my age at that time).

Here's where I need help:
I need specific laws to cite to help my case. Any other advice would also be greatly appreciated.

Thank you for your time.

Why did the magistrate rule that you must pay back part of the money?

How do you believe your minor status will help your argument?

itdepends said:

Why did the magistrate rule that you must pay back part of the money?

How do you believe your minor status will help your argument?

Click to expand...

First Question:
The magistrate believed that my client "didn't know what he was getting into" with the website I made for him. I have documents that prove otherwise (they describe my services) and the fact that he paid me after reviewing my work proves he knew full well what he was getting into.

Second Question:
The magistrate said that I should have had my client sign a contract, however, I am fairly certain this would have been illegal at the time except for necessities (a website not being a necessity). I am not sure on verbal contracts. Do you know of any MA laws that address contracts with minors?

It sounds like the magistrate basically ruled that there was a misunderstanding about what was agreed upon. That's also probably why the magistrate told you that you should have gotten the contract in writing. That way you'd be able to prove the terms that were agreed upon.

Arguing that you were a minor won't help. I'm still not sure where you're going with that.

You can probably appeal the ruling, but remember that you may end up losing it all. The magistrate's ruling sounds like a forced compromise.

Your minor status has no bearing on this case.

In order to exercise the 'I am a minor, rescind contract', you must undo the deal. You can't simply keep the money, fail to perform (even partially) and then claim a 'free card'.

There is a common misconception that a minor can't enter into a contract, but this is not true.
The reason people think that a minor can't enter into a contract is due to the fact that in many cases a minor can rescind the contract. This is known as disaffirming the contract. Disaffirming a contract requires that all parties be set back to their original state. They give you back your money or whatever item they received from you and vice-versa.

There are two conditions under which a minor can NOT disaffirm a contract.
1) When both parties can not be set back to their original state. For example, a minor buys a disposable camera, uses up the pictures, then wants to return the camera and disaffirm the contract. Since he can not give the camera back to me in the original state, he can not disaffirm the contract.

2) When the contract is for necessities such as food, clothing, or shelter a minor can not disaffirm the contract.

The court heard the issue and ruled for you to return half the funds. Presumably this may have been due to a failure of a 'meeting of the minds' as to what was to be performed, or could have been due to any of several other reasons.
None of them had to do with your age. Repay the money and move on. My OPINION is you have nothing to gain from an appeal (or re-hearing) and could lose by being ordered to return 100%.

As for "specific laws" to help you win.... there aren't any. And even if there were, that is providing legal SERVICES which is beyond the scope of this forum. If you want legal services, contact a local attorney.

I see what you guys are saying.

The only problem with paying right now is that every cent of my money is going to college and I didn't qualify for financial aid. I'll just have to talk to my parents.

Thank you.