Under article 68, every person is entitled to reimbursement of the minor`s estate for the needs made available to him or his family. Needs also consist of goods and services. Thus, the agreement of a minor, which amounts to paying needs, can be applied. If a minor has falsely acquired the payment by concealing age, he or she may be forced to reinstate the payment. However, it cannot be committed for the same amount, if at all, as would be the case with the application of a non-compliant contract. A minor could not be declared insolvent because he cannot claim a debt. Even if contributions from the property of a minor are pending, he is not legally responsible for them. The Tribunal decided that no agreement was a contract unless the parties have jurisdiction under section 11 of the Act. Since any contract with minors, i.e. anyone under the age of 18, cannot be concluded, any minor agreement concluded is unregated from the outset (from the beginning). For a joint contract between an adult and a minor performed by the guardian on behalf of a minor, the legal responsibility for the contract lies with the adults. There are many problems that can arise when a contract includes a minor.
Employment contracts with minors must also be the subject of special consideration. Remember that each of these disputes is not decided by the parties, but must be brought before a court to decide whether the jurisdiction issue is in place. Many websites advise against use by children at the beginning of their GTC. It`s also a good way to make it clear that you won`t be selling to minors. A mentally incompetent person (non compos mentis) does not have the capacity to enter into a contract. The cause of mental incompetence is insignificant. It can result from mental illness, excessive drug or alcohol use, stroke, etc. If the person does not have the mental capacity to understand that a contract is being entered into or the general nature of the contract, the person does not have the contractual capacity.
A person who is mentally incompetent can normally avoid a contract in the same way as a minor. If the person subsequently becomes competent, he or she may ratify or avoid the treaty on that date. A minor may decide to cancel a contract before the age of maturation (depending on the state, but usually 18 years). The minor can make this decision at any time and even if the contract has been fully respected (both parties have fulfilled their contractual obligations) If a minor wishes to cancel a contract, he must return the purchased property. In the second example above, the minor must return the car if he is not able to meet the payments. The minor may also have to pay compensation for damage to the property. First get a personal guarantee from a parent. It looks perfect, but it`s not. There have been cases in court where the judge has stated that a parent cannot be automatically held responsible for a minor`s contract, because this nullies the fundamental thesis that a minor cannot be bound.
. . .