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

Contract Law For Minors In Illinois

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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In most states, minors are not legally able to enter into contracts, and any contract they do enter into is considered voidable . However, parents can be held liable for contracts made by their minor children if they have given their consent or if the contract is for necessaries such as food, clothing, or shelter .

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.

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 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. In some states, elements of consideration can be satisfied by a valid substitute.

No. There is, however, an Illinois law known as the “Emancipation of Mature Minors Act.” Ordinarily minors cannot enter into legally binding contracts.

In general, minors are considered not to have the legal capacity to enter into the contract, which is why contracts involving minors can be voided. Only the minor, however, has the right to void the contract.

If a parent chooses to sign a contract for a minor, doing so will effectively mean the contract is the same as one signed by an adult. It will be legally binding and cannot be voided by the child or teenager.

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A minor can certainly enter into a contract, but in Illinois that contract is deem to be voidable. This is an important distinction from VOID.And it most jurisdictions it has been held that minors do not have the legal capacity to enter into contracts. The state has the inherent power, known as parens patriae, to protect the interests of those, such as minors, who are legally unable to act on their own behalf. Learn about minors and contract law, including their rights, exceptions, and protections. Stepbystep guide on how to write contracts for leases, business partnerships, and employment contracts. In Illinois, the law is well established that a parent cannot waive, compromise, or release a minor child's cause of action. Generally speaking, anyone who contracts with a minor does so at their peril. Due to the gap in the FLSA, minors enter labor contracts. If so, when should a defendant assert this defense?

Contract Law For Minors In Illinois

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