Legal Question in Civil Litigation in California
Hello,
I was wondering about the technical classification of contracts, verbal or otherwise, between parents and their (underage minors) children.
Are these contracts void, or voidable? I'm asking about California specifically but a general answer would be helpful too.
Thanks,
Alex
4 Answers from Attorneys
In California, contracts entered into by a minor are voidable (even with parents). A minor is deemed to not have the capacity to contract.
Contracts with minors are unenforceable, unless the minors are emancipated or the contract is for necessaries. Oral contracts, whether with minors or not, are worth the paper they are written on.
Contracts between minors and adults are generally voidable, but only by the minor. That means the adult can be held to the terms of the contract even though the minor has a way out.