Legal Question in Business Law in California

Re: Minors

Generally speaking, contracts with minors are voidable at the minor's option. But keep in mind that "voidable" is not the same thing as "void." This means that a minor who contracts with an adult can back out of the deal, but the adult is stuck if the minor wants to hold him to it. It does not mean, however, that a minor can obtain goods or services under a contract and not pay for them.

Re: Minors

A minor cannot (1) give a delegation of power, (2) make a contract relating to real property or any interest therein, or (3) make a contract relating to any personal property not in the immediate possession and control of the minor. Any purported 'contract' made in violation of the foregoing is absolutely void.

In addition, a minor can disaffirm many other contracts prior to becoming an adult. This means the minor can declare the contracts void, but not the other party to the contract -- kind of a one-way street. The main class of contracts which a minor CANNOT disaffirm is contracts for 'necessaries,' i.e. if the contract obliges the minor to pay the reasonable value of things necessary for the support of the minor or the minor's family. Note this does NOT include rent because a minor's rental (real estate) agreements are void.

There are other less-common exceptions and qualifications to these general rules, and they don't apply to so-called emancipated minors. See Family Code sections 6700 et seq.