I am writing a letter to void a contract signed by a minor. I know it is illegal for a minor to enter into a contract, but I need to know if it is a federal or state law. Also, does anyone know or have the resources to find out what the actual name of the law is? It would be a tremendous help.
Thank you so much!What is the law concerning minors signing contracts in Arizona?
It is not illegal for a minor to enter into a contract, in Arizona or any other State.
However, a minor has the legal right to void a contract after entering into it, under most circumstances.
The circumstances under which a contract entered into by a minor may not be voided are:
1) When the contract is for a "necessity" - and despite what your teen may tell you, a cellphone is NOT a "necessity" :-)
2) When the minor affirms the contract after becoming an adult. Affirmation need not be positive - merely acting as if he still wishes the contract to apply is enough.
3) When the minor has already enjoyed the benefit of the contract. For example - a minor enters a restaurant and orders a meal. This is a contract. The meal comes to the table, and the minor says "I've changed my mind.", and chooses to leave. The restaurant cannot successfully sue him for the cost even though they cooked the meal for him, because as a minor he can disavow the contract. If, though, he ate the meal, then he cannot disavow the contract and not pay, because he already enjoyed the benefit of the restaurant upholding their end of the bargain.
There are other rare exceptions, but those are the main ones.
Richard
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