Question

Explain and define the Infancy Doctrine and when and how it applies to contract law in 1-2 pages in Word. You must include the definition and difference between the legal terms period of minority, void, voidable, and ratification.

Answer 1

In this modern era, businesses are growing rapidly and so is the number of contracts pertaining to the various businesses. This has crossed the boundaries of various countries and took the global shapes. This opens the gates of business transactions to the minors also. Now a day’s minors are also exposed or involved in various business tractions and are also in possession of lot of money and become important part of this global businesses. This fast changing business world and various contracts and laws leave minors more exposed to potentially more harmful and unfair terms. Hence the “Infancy doctrine” in included in the Contract law. The common law of contracts and statutes of many state protect minors who lacks contractual capacity from having contracts forced on them.

“The Infancy doctrine in contract law defines that minor’s contract are generally voidable as this is their only viable protection.”

This doctrine allows minors to disaffirm or cancel most contracts they have entered into with adults to save minors from the unscrupulous behaviour of adults.

Under the doctrine of infancy, any infant is entitled to disaffirm or cancel a contract orally, in written or through his/her conduct at any time prior to his/her reaching the age of majority ( i.e. 18 years) plus a reasonable period of time.

If a minor is entered into a contract with an adult and if the contract has been fully performed then minor is only liable to return the goods or property which he/she received because of the fully performed contract in such condition as the goods were at the time of disaffirmation or cancelation of contract. Whereas, the adult of such contract is legally bound to return the full payment as paid by the minor. This is called as putting minor in “Status Quo” position.

As per the law the legal contracts entered into with the minors are generally not void but they are voidable as minor has the right to disaffirm or cancel the contract. Once the contract is disaffirmed or cancelled by the minor it becomes void. If the contract entered into with the minor is with the illegal object then such contract is void and cannot be enforced by the law.

If the minor misrepresents his/her age at the time of entering into the contract must place the adult in status quo if the disaffirm the contract. A minor who has misrepresented his or her age at the time of entering into the contract owes the duties of restoration and restitution when disaffirming or cancelling the contract.

Ratification : if the minor does not disaffirm or cancel the contract during the period of minority or within the reasonable time after reaching the age of majority then the contract is considered as accepted or ratified.

If the minor does not execute his right to disaffirm or cancel the contract after attaining the age of majority or such additional time then such he/she lost the right to disaffirm or cancel the contract.