Consumer Law, Warranties Contract with minor and guardian change

[TDot1]

I have signed an entertainment contract with BOTH the minor and the legal guardian (mother) signing the contract. Situations have come up where the legal guardianship is going to change (father).

Two questions
1/ Do I have to do a new contract with the new guardian, or will the current one still be binding?
2/ Will there be a problem when the minor turns 18 with "bindingnes"/strength of the contract, in respects to the minor...now not a minor at 18, being able to void or cancel the contract?

This is in NY.

 

[Michael Wechsler]

I have signed an entertainment contract with BOTH the minor and the legal guardian (mother) signing the contract. Situations have come up where the legal guardianship is going to change (father).

Two questions
1/ Do I have to do a new contract with the new guardian, or will the current one still be binding?
2/ Will there be a problem when the minor turns 18 with "bindingnes"/strength of the contract, in respects to the minor...now not a minor at 18, being able to void or cancel the contract?

This is in NY.

Very good question and I'm not sure. My understanding is that the minor can "repudiate" or "affirm" the contract upon turning age 18. The term is "voidable" since it is the minor's option to terminate or enforce the agreement but you are bound. "Void" means both parties cannot enforce the agreement whatsoever. My understanding is that your agreement is still valid even with the new guardian because all the guardian is in this instance is an extension of the real party - the minor who requires a mature, capable decision maker to form an agreement. The new guardian would step into the shoes of the old. I'm not sure but would think that this would logically be the case. My entertainment law colleagues probably deal with this all the time with child stars...