List of key terms and word combinations:
– abandon – отказываться (например, от права притязания)
– affirmance – утверждение, подтверждение
– capacity – правоспособность; дееспособность
– disaffirm – отменять; отказывать в подтверждении
– emancipated – эмансипированный
– majority – совершеннолетие
– minority – несовершеннолетие
– necessaries – необходимые предметы или услуги
– ratification – ратификация; последующее одобрение
– rebuttable presumption – опровержимая презумпция
The law has established a general presumption that anyone entering into a contractual relationship has the legal capacity to do so. This statement means that someone enforcing an agreement does not have to prove that when the contract was entered into the other party had contractual capacity. However, this is a rebuttable presumption; that is, a defending party (a minor, mental incompetent, or intoxicated person) has the right to attack the presumption in order to rescind a contract. Minors are generally excused from contractual liability due to their incapacity; their contracts are voidable.
Under common law, the term minority described persons who had not reached the age of 18 or 21 depending on jurisdiction. Upon reaching that age, a person attained majority.
In some jurisdictions, minors who become emancipated and are no longer under the control of their parents are responsible for their contracts. Emancipated minors include those who are married and those who leave home and give up all rights to parental support. These minors are said to have abandoned the usual protective shield given them.
Minors sometimes lie about their ages when making contracts. Despite the misrepresentation of age, most jurisdictions allow minors to disaffirm or void contracts. Executory contracts, those that have not been fully performed by both parties, may be repudiated by a minor at any time.
Goods and services that are essential to a minor's health and welfare are necessaries. Necessaries include food, clothing, shelter, and medical and dental services. In determining whether goods and services qualify as necessaries, the court inquires into the minor's family status, financial strength, and social standing or station in life. A minor's contract covering only the fair value of necessaries is enforceable against the minor.
An individual may disaffirm an agreement made during minority before or within a reasonable time after reaching adulthood. Failure to disaffirm within a reasonable period of time after reaching adulthood would imply that the contract had been ratified. The method of
