(June 4, 2015 at 2:28 am)robvalue Wrote: OK, even with my limited knowledge I can smell a rat. Children cannot enter into legal contracts. I know this to be the case in England, and I assume since Parkers has said the same it is the case in America.
Even if you give them the "right to enter into the contract" they still cannot do so. Such a contract is invalid.
So you'd have to change the law to allow them to enter into this contract, just to allow for this "consequence". I'm a little confused, is this argument actually being put forward in the courts, or is this a hypothetical? I'm not clear what is opinion and what is a report of current events. If they are resorting to arguments in the court that even I know are bogus they must be getting pretty desperate.
Yes a Minor can.
FAMILY.CODE
SECTION 6700-6701
6700. Except as provided in Section 6701, a minor may make a
contract in the same manner as an adult, subject to the power of
disaffirmance under Chapter 2 (commencing with Section 6710), and
subject to Part 1 (commencing with Section 300) of Division 3
(validity of marriage).
6701. A minor cannot do any of the following:
(a) Give a delegation of power.
(b) Make a contract relating to real property or any interest
therein.
© Make a contract relating to any personal property not in the
immediate possession or control of the minor.
(http://danashultz.com/blog/2010/01/08/co...-problems/)
Also see
http://biztaxlaw.about.com/od/contractsa...-Minor.htm
http://contracts.uslegal.com/contract-by-a-minor/#
http://danashultz.com/blog/2010/01/08/co...-problems/
There are more site's if these are not to you taste.