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


Asked on 7/22/10, 3:29 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

In California, contracts entered into by a minor are voidable (even with parents). A minor is deemed to not have the capacity to contract.

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Answered on 7/22/10, 7:20 pm

Actually, I think they're void, rather than voidable.

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Answered on 7/22/10, 8:14 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 7/23/10, 11:04 am
Edward Hoffman Law Offices of Edward A. Hoffman

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.

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Answered on 7/23/10, 1:51 pm


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