BLAW 3201 Chapter : Blaw Ch 14
Document Summary
Minors- a person who has not attained the age of legal authority, common law- under. 21, today changed by most jurisdictions to 18. Almost without exception a minors contract whether executor or executes is voidable at his guardians option. A minors contract is not entirely void and of no legal effect, rather it is voiable at the minors option. Disaffirmance- some states, statutorily prescribe a time period, usually one year, in which the minor may disaffirm the contract. Notable exception, a sale of land by a minor cannot be disaffirmed until after he reaches his majority. Ex: minor agrees to sell property to alice and then sells that property to brian, the sale to brian would constitute a disaffirmance of the contract with alice. Most states hold that minors must return any property he has received from the other part, provided he has it in his possession at the time of disaffirmance, nothing more is required.
