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Comparison of Contract Law of the People's Republic of China with The...

Contract Law For Minors In Georgia

Category:

Contracts - Contract Law

State:

Multi-State

Control #:

US-00103BG

Format:

Instant download

Description

A comparison the United States law of contracts with the law of contracts of the People's Republic of China.

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There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations. Beyond this, the terms of the contract must also be unambiguous, and the parties must have the mental capacity to agree.

To constitute a valid contract, there must be parties able to contract, a consideration moving to the contract, the assent of the parties to the terms of the contract, and a subject matter upon which the contract can operate.

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

Generally speaking, a minor is recognized as a person under the age of 18 years old who is not emancipated, married, or in the armed forces. In Georgia, aside from being emancipated, married or in the armed forces, a person is no longer considered a minor when they reach the age of 18 years old.

In many cases, minors can't be held to the terms of a contract until they reach the age of majority. In other words, a minor has the right to opt out of a contract, even if the other party is an adult and is bound by the terms.

The law recognizes a minor as lacking the capacity to contract. Therefore, contracts with a minor are voidable. This, however, does not apply to the circumstances where minors are legally allowed to get into a contract and be fully obliged to the terms and conditions. Examples of such circumstances include necessities.

A contract to do an immoral or illegal thing is void. If the contract is severable, however, the part of the contract which is legal will not be invalidated by the part of the contract which is illegal. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information.

Under Georgia law, for a contract to be valid, there must be an offer, acceptance, consideration, and mutual assent. See O.C.G.A. § 13-3-1.

The reasoning is that minors do not have sufficient capacity to understand questions involving contractual rights. Consequently, any person dealing with a minor does so at the mercy of the minor's right to void the contract. Approval of a contract by the parent or guardian of a minor does not bind the minor.

The minor has the right to disaffirm the contract before or within a reasonable time of reaching the age of majority. The minor has a right to ratify the contract before reaching the age of majority if the adult party agrees.

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Generally the contract of a minor is voidable. Minors are not permitted to enter a contract under certain exceptions such as sports contracts or purchase of goods.Section 13-3-23 - Minors - Contracts, promissory notes, written obligation, or other evidence, for loans from trust funds for educational purposes. The law does not allow persons under 18 to enter into contracts. Due to the gap in the FLSA, minors enter labor contracts. The Act establishes 18 years as the minimum age at which a person in Georgia may contract to marry. Contractual Capacity. When you enter a contract, you expect the other party to carry out their side of the agreement. In Georgia, children are automatically emancipated once they are married, if they are on active duty in the military or once they turn 18.

Contract Law For Minors In Georgia

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What are the 4 elements of a legally binding contract?

What makes a contract legally binding in Georgia?

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What age are you no longer a minor in Georgia?

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When a minor enters into a contract, the minor has which of the following rights?

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