Minors and contracts

[jim]

Well there seems to be alot of discussion going on about minors and contracts at Minors in DNOA and while there are good points being made for both sides of the issue what is the law? Are we bound by the registrars TOS? NETSOLS FOR EXAMPLEyou are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents' permission to apply for services hereunder PAYPALS Our Services are only available to individuals or businesses that can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors (under 18), afternic.com This Agreement must be completed, understood and agreed to by a person at least 18 years old. If a parent or guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or she should email the Company with his or her explicit permission and acceptance of full legal responsibility for the minor to do so. . And so on.
What is the law if I buy or sell to a minor?


jim

 

[deu12000]

Even though I posted this in the DNOA section, I will re-post it here just different wording. I spoke to an attorney today (New Jersey lawyer) and he said a minor can legally make a valid contract. The thing is he can legally break any contract he makes at any time. What that means is he sells you a website, collects your money and then the next day (or week or month or etc...) he decides he wants it back, guess what, you have to give it back to him because he decided he wanted to terminate the contract.

That's why you get that disclaimer from afternic and other sites saying as long as a guardian takes full responsibility it's alright. Afternic is basically saying they are making the contract with the parents which are legal (18+) in age to make a binding contract.

You can not make a binding contract with a minor, that's the main point. You are bound to the contract, but they are not. It's a unilateral contract (one-sided).

 

[Ray]

so wait. If i decided i sold a domain, and wanteed it back, do ill still get to keep the money? not that i would, i was just wondering

 

[dgridley]

Which is why I refrain from dealing with them in most cases...

You can not make a binding contract with a minor, that's the main point. You are bound to the contract, but they are not. It's a unilateral contract (one-sided).

 

[HHDomains]

so wait. If i decided i sold a domain, and wanteed it back, do ill still get to keep the money? not that i would, i was just wondering

You could but I doubt that anyone would give you the domain back.

A more accurate example would be if you sold a web design and guaranteed exclusivity for payment. You could later turn around and start reselling that site design and the original buyer would have no recourse.

 

[jmweb]

You would be shocked at the amount of minors opening hosting companies. Usually people find this out after the host closes up shop and dissappears. Then people start calling the kids home and find out his a minor.

 

[Freakz]

What if the minor lies about his age on a contract, stating he's not a minor. Contract can still be terminated without recourse?

 

[jmweb]

Yep. Liar or not, they still get off.

 

[jberryhill]

do ill still get to keep the money?

No. The obligation of the contract at your end was to transfer the domain name. You do not have to transfer the domain name, but you do not get to keep the money either.

It is not that the contract is worthless... Except in certain circumstances, a contract with a minor is "voidable" by the minor - i.e. the minor can unilaterally render the contract to be "void". If you are the minor, and you have the money, and you have voided the contract, then it also follows that you do not have the money legally (i.e. pursuant to the contract). You would have to give the money back. The only upshot of your ability to void the contract is that you are not then obligated to go through with the deal.

But, no, you can't do "half a deal". It's either the whole deal pursuant to the contract, or no deal pursuant to voiding the contract.

There are SIGNIFICANT exceptions to these principles, particularly as it relates to employment; banking; and, in the state of California, entertainment talent. There is almost always a blanket state "emancipated minor" mechanism by which some minors may obtain certain rights normally not available.

 

[dgridley]

Thanks for the clarification.. unfortunately, even tho a minor may be obligated to return the money, you play heck getting it...

No. The obligation of the contract at your end was to transfer the domain name. You do not have to transfer the domain name, but you do not get to keep the money either.

It is not that the contract is worthless... Except in certain circumstances, a contract with a minor is "voidable" by the minor - i.e. the minor can unilaterally render the contract to be "void". If you are the minor, and you have the money, and you have voided the contract, then it also follows that you do not have the money legally (i.e. pursuant to the contract). You would have to give the money back. The only upshot of your ability to void the contract is that you are not then obligated to go through with the deal.

But, no, you can't do "half a deal". It's either the whole deal pursuant to the contract, or no deal pursuant to voiding the contract.

There are SIGNIFICANT exceptions to these principles, particularly as it relates to employment; banking; and, in the state of California, entertainment talent. There is almost always a blanket state "emancipated minor" mechanism by which some minors may obtain certain rights normally not available.

 

[Hostnetric]

Which is why I refrain from dealing with them in most cases...

Best practice you could have.

 

[Element]

They usually get off for.