I didn't know what section to put this in but I have a question about contracts

[JadenFrey]

So I was at a school and we were doing midnight dodge ball and we had to sign this paper which said that we couldn't leave the school pass curfew if we are under the age of 18. There was cops there also. So when people tried to leave we had to block them from leaving because they weren't released yet and it still was past curfew. My friend says that we couldn't hold them there because the contract wasn't a contract under seal. Like it wasn't stamped. Is he right or wrong? The states name is Ohio

 

[LdiJ]

So I was at a school and we were doing midnight dodge ball and we had to sign this paper which said that we couldn't leave the school pass curfew if we are under the age of 18. There was cops there also. So when people tried to leave we had to block them from leaving because they weren't released yet and it still was past curfew. My friend says that we couldn't hold them there because the contract wasn't a contract under seal. Like it wasn't stamped. Is he right or wrong? The states name is Ohio

A contract does have to be "stamped" or "under seal" to be a contract. So your friend is wrong. Now, if it was your parents who wanted you to be released (ie they came to get you) then the school would be totally in the wrong not to release you, no matter what you or they signed.

 

[Taxing Matters]

Your friend or his parents might be part of the sovereign citizen crowd who have some rather unusual — and incorrect — notions of the law. A contract need not be "under seal" to be valid.

That said, a contract does not allow one to use physical force, like restraining people, to enforce its terms. If a student were to leave in violation of the contract there might be an action available in the courts for breach of contract, though I can't see what damages the school or dodge ball group would have because of it. They could also seek an injunction from the courts for an order to prevent the kid from leaving again. And that assumes that the contract is enforceable. It might not be. While a contract does not have to under seal to be enforceable, in general contracts are not enforceable against someone under the age 18, with some exceptions.

They might be able to drop the kid from the dodge ball group if he leaves early regardless of the contract.

But blocking them from leaving and physically restraining them from going would generally not be proper. Of course, once they leave, if they are violating the curfew law, those cops at the door could cite or arrest them for the curfew violation.

 

[JadenFrey]

Did you mean does not have to be stamped? or that he was right?

A contract does have to be "stamped" or "under seal" to be a contract. So your friend is wrong. Now, if it was your parents who wanted you to be released (ie they came to get you) then the school would be totally in the wrong not to release you, no matter what you or they signed.

 

[Taxing Matters]

Did you mean does not have to be stamped? or that he was right?

Almost certainly LdiJ meant that the contract does NOT have to be stamped or under seal, since that is what the law is.

 

[LdiJ]

Almost certainly LdiJ meant that the contract does NOT have to be stamped or under seal, since that is what the law is.

That is of course what I meant. I definitely mangled that one.

 

[FlyingRon]

That is of course what I meant. I definitely mangled that one.

I thought it depended on whether the flag had gold fringe on it or not.