A minor`s agreement is a contract entered into by an individual who is under the age of majority, which is typically 18 years old in most jurisdictions. In general, contracts entered into by minors are considered voidable, meaning that the minor can choose to either enforce or disaffirm the contract. However, in some cases, a minor`s agreement may be considered void ab initio, which means that it is invalid from the outset and cannot be enforced by either party.
The concept of a minor`s agreement being void ab initio is rooted in the legal principle that minors lack the capacity to enter into contracts. This means that they cannot legally bind themselves to the terms of a contract, as they are not considered to possess the necessary mental capacity to fully understand the consequences of their actions. As a result, contracts entered into by minors are typically considered to be voidable, meaning that they can be disaffirmed by the minor at any time prior to reaching the age of majority.
In some cases, however, a minor`s agreement may be considered void ab initio. This can occur if the contract in question involves an activity or transaction that is prohibited by law, such as the purchase or sale of illegal drugs. In such cases, the agreement is considered invalid from the outset, as the subject matter of the contract is illegal and therefore cannot be enforced by either party.
Another circumstance in which a minor`s agreement may be considered void ab initio is if the contract is deemed to be against public policy. This can occur if the terms of the agreement are deemed to be unconscionable or otherwise unfair to one party. For example, a contract that requires a minor to perform dangerous or illegal activities in exchange for payment would likely be considered void ab initio, as it is against public policy to allow minors to engage in such activities.
Overall, the concept of a minor`s agreement being void ab initio serves to protect minors from being held responsible for contracts that they are not legally capable of entering into. By recognizing that certain contracts are inherently invalid, the law ensures that minors are not unfairly burdened with obligations that they are not capable of fulfilling. As a result, it is important for individuals and businesses to be aware of the legal limitations on minors entering into contracts, and to ensure that any agreements entered into with minors are lawful and enforceable.