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Showing posts from June, 2023

MINORS’ CAPACITY IN CONTRACTS: BINDING CONTRACTS AND REMEDIES

Many a time, when people (including lawyers) talk about the best interests of a child, they mainly focus on family or criminal matters. However, very little attention is given to issues regarding commercial transactions that minors engage in. In fact, it is said that “the law of ‘minors’, or ‘infants’ contracts is very complicated.” [1] The root of this complication is the fact that the law desires to protect minors on one hand whileas it still wishes to safeguard the interests of traders on the other. [2] This begs the question, where does the balance lie? More complications can be speculated due to the great technological advancements in the trading sector whereby almost anyone can purchase anything online with great ease. [3] Therefore, this imperatively demands scrutiny be done on the laws relating to the formation of contracts with minors. At common law, a minor or infant can simply be defined as a person who has not reached the age of majority, i.e., one who is not an adult. [...