Contract Question

[RLG]

Hi,

I am 15 and starting a website design/management business. I just read on a site online that a contract is not valid if it is signed by someone under eighteen years old. Could someone tell me if this is true, and what I can do to make sure that both me and my client's rights are protected?

I'm operating as a sole proprietorship.

Thanks!

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Wow, very impressive! It's great! But yes, it is called disaffirming a contract. There are certain rights MINORS have to do that. This is mainly because in the eyes of the law, you are too immature to make your own decisions and thus the law is to protect you from possible bad decisions/liabilities.

It is very common with child actors/musicians, etc.

Minors may form contracts, but their obligations are voidable. Common age of majority is 21, but usually now is 18.

A contract made during one's legal minority may be disaffirmed at any time before or after the attainment of a legal majority. Unless and until the contract is disaffirmed, it remains binding. Diaffirmance is accomplised by words or actions which objectively signify the election to avoid liability.

As long as it is not a neccesity to life (i/e food and shelter), then it can be disaffirmed with no $$$ penalties.

 

[RLG]

Thanks for the reply! I'd like to clarify a few things, if you don't mind.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>A contract made during one's legal minority may be disaffirmed at any time before or after the attainment of a legal majority. Unless and until the contract is disaffirmed, it remains binding. Diaffirmance is accomplised by words or actions which objectively signify the election to avoid liability. <HR></BLOCKQUOTE>

Does this mean that the contract is legal, but if the client has specific reasons for voiding the contract, he/she could do so in court? I am assuming that a specific reason would be something like I am incompetant because of my age to maintain their website.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>As long as it is not a neccesity to life (i/e food and shelter), then it can be disaffirmed with no $$$ penalties.<HR></BLOCKQUOTE>

Does this mean that if the contract was the be voided in court, my parents and I would not be responsible for paying a judgment, (the client's) attorney's fees, etc?

I don't expect any reason for the client to be upset with some aspect of our business together, but I want to have a contract with the responsibilites of both sides laid out- just in case.

Any ideas are greatly appreciated. There's always incorporation, but I didn't want to do that yet. Thanks for the help- this is a great forum!

 

[lawrat]

Remember my disclaimer.

Ok, you will NEVER BE RESPONSIBLE FOR THE OTHER'S COURT COSTS OR LAWYER FEES UNLESS IT WAS SPECIFICALLY STATED IN YOUR CONTRACT: i.e. loser pays all court costs and attorney fees.

Now, essentially, it just means you can void because you are incompetent in the eyes of the law....govt is sorta giving you a break.

 

[RLG]

Thanks for the help.