ok, my friend hit sombody and he is 16 and has his own insurance plan. they didn't report it because my friend is only 16 and just got his license under his own insurannce and it would sky rocket. so they went back to this guys house and he wrote down what happened and how much it would cost to fix fix and the he would pay for it, then he signed it. my friend ended up moving to myrtle beach SC within the week. could my friend get in trouble for not paying him back the money? cause he is 16 and he cant make a legal bind right? and they didnt report they accident and niether off them have proof except for the contract and them couldnt he just say they forged his signature or something like that?
Consumer Law, Warranties can my friend get in trouble?
- Thread Starter bud113
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fredrikklaw
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Disaffirm or Bust!
You were of course on the right track there and the answer is a resounding NO! As an Infant (or commonly referred to as Minor), your friend will not be in any sort of trouble, and we are talking legal trouble here and not criminal, because an infant lacks the capacity to enter any contract and be legally bound by its terms unless the contract is for life necessities like food and shelter, marriage, and for education purposes. By the same token, those who contract with an infant do so at their own risk and cannot pursue legal remedies in the event of a breach by the infant.
But it is imperative to remember that while infancy may afford immunity from contractual obligation and prevent the aggrieved party from pursuing legal remedies, the contract itself is not destroyed or invalidated, but goes into hibernation and remains dormant and waits. And unless your friend satisfies a certain condition on his 18th birthday when he is said to have attained the "age of majority," the contract will spring back into life with full force and fury and there will be no getting away from it this time.
In order to continue and to make permanent the immunity from contractual obligation, your friend will have to positively and in manner certain, disaffirm the contract on or within a reasonable time after becoming an adult on his 18th birthday. So he has to write to the other party saying that he disaffirms the contract entered into on such and such a date and for such and thus purpose, then send it U.S. Registered/Certified Return-Receipt Mail and that will be the end of the matter for all eternity.
If however your friend does not take any steps to disaffirm the contract and a reasonable time has passed since his 18th birthday, the contract will automatically be affirmed with all its terms and conditions becoming fully enforceable against your (now) adult friend.
fredrikklaw
You were of course on the right track there and the answer is a resounding NO! As an Infant (or commonly referred to as Minor), your friend will not be in any sort of trouble, and we are talking legal trouble here and not criminal, because an infant lacks the capacity to enter any contract and be legally bound by its terms unless the contract is for life necessities like food and shelter, marriage, and for education purposes. By the same token, those who contract with an infant do so at their own risk and cannot pursue legal remedies in the event of a breach by the infant.
But it is imperative to remember that while infancy may afford immunity from contractual obligation and prevent the aggrieved party from pursuing legal remedies, the contract itself is not destroyed or invalidated, but goes into hibernation and remains dormant and waits. And unless your friend satisfies a certain condition on his 18th birthday when he is said to have attained the "age of majority," the contract will spring back into life with full force and fury and there will be no getting away from it this time.
In order to continue and to make permanent the immunity from contractual obligation, your friend will have to positively and in manner certain, disaffirm the contract on or within a reasonable time after becoming an adult on his 18th birthday. So he has to write to the other party saying that he disaffirms the contract entered into on such and such a date and for such and thus purpose, then send it U.S. Registered/Certified Return-Receipt Mail and that will be the end of the matter for all eternity.
If however your friend does not take any steps to disaffirm the contract and a reasonable time has passed since his 18th birthday, the contract will automatically be affirmed with all its terms and conditions becoming fully enforceable against your (now) adult friend.
fredrikklaw
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