Who is a Minor or Infant? What is the Rule When Contracting With an Infant? Generally speaking, anyone who contracts with an infant or minor is doing so at their own peril. That means that the law gives to infants the ability to void, or exit the contract as they see fit. The most common justification for the rule is to protect minors from assuming obligations which they are not capable of understanding. It is obvious to see that this will lead to harsh results, so some general exceptions have been created. What Exceptions Exist to Create a Binding Contract With a Minor? If every contract with a minor was invalid, no one in their right mind would ever enter into a contract with a minor. To allow some minors to enter into contracts and/or prevent minors from abusing their position, there are several exceptions including the sports and entertainment industry where minors who enter into contracts in these industries are held to them and cannot void them at will . Necessaries Contracts for certain goods and services that are necessary to the health and safety of infants cannot be voided. Such goods and services include food, clothing, and lodging or shelter. In some instances, an automobile or motorcycle is also considered a necessary. Disaffirm the Whole Contract A minor who decides to void a contract because of his age must void the entire contract. The law does not let them to continue to enforce some of the contract while voiding other parts. Ratification A minor can only void a contract while they are still under the age of maturity (again, usually 18), or for a reasonable time after they have reached that age. If a person does nothing to disaffirm the contract after they stop being a minor, the law can find that they will no longer be able to void the contract. Can an Attorney Help Me With Minor Contracts? If contracting with a minor, the contract may not be legally enforceable. If you are in the process of drafting a contract, or have already done so and the other party is seeking to defend against its enforcement because they are a minor, contacting an attorney is strongly recommended. Seeking the Advice of a Professional If you have decided it is time to seek the advice of a professional ensure to email us your contact information and one of our lawyers will contact you promptly. Disclaimer Nothing on this website constitutes legal advice. If you face a legal issue, you should take specific legal advice from a lawyer before taking any action. Three60Legal takes every reasonable step to ensure the accuracy of the information on this website. However, Three60Legal accepts no liability for any loss or damage arising in any way from the use of this site. Three60Legal Three60 Legal is comprised of both Canadian lawyers and US attorneys providing legal services in all areas of the law including, business law, immigration law, employment law, family law, personal injury law, human rights law, criminal law, international law, labour law, tax law, real estate law, property law, divorce law, alternative dispute resolution, commercial litigation, franchise law, entertainment law, sports law, insurance law, copyright law, trademarks, patent law and wills and estates law. Law offices are located in Toronto, Mississauga, Brampton, North York and Markham. © Three60Legal 2011 Traditionally, a minor or an infant is anyone under the age of 21. This has been changed by statutes in almost every province, and a minor is now anyone under the age of 18. The term infant and minor are used interchangeably in most situations.