In other countries, the rules on the effectiveness of a minor and the consequences of a contract with a minor are different. See z.B. Minors (Property and Contacts) Act 1970 (NSW). For the first requirement, the question is whether the party who wanted to avoid the contract was not able to “understand the general nature of what he is doing by his participation”: Gibbons/Wright. It is not absolutely necessary for the resulting contract to be “unfair” (although this may provide some evidence of a lack of understanding). Under English contract law, a minor is a person under the age of 18. [3] Historically, the age was 21 years old, until the Family Reform Act of 1969. [2] As a general rule, a minor is not bound by contracts he enters into, even though it is the adult party with whom he enters into contracts. [3] However, once a minor has reached the age of majority, he may choose to ratify a contract entered into as a full-service minor.
[2] This rule is subject to different types of contracts related to a minor and his right to terminate those contracts. Under common law, it is the rule that a contract entered into by a minor (a person under the age of 18) is not entitled. However, there are a number of exceptions (some of which are now legally invoked). A legal definition of “necessary” is provided in section 2, paragraph 3 of Ghana`s Sales of Goods Act, 1962 (Law 137), which states that “the required goods are adapted to the state of life of the person to whom they are delivered and their actual requirements at the time of delivery.” While evidence that a contract is on behalf of the supplier, contracts in this form have been found in a large number of situations, including expensive and extensive purchases. [7] The definition of needs includes obvious purchases such as food and clothing, but also services or goods that enable training or learning. The needs of one minor will not necessarily reflect those of another. Special circumstances, such as age and immediate needs, can yield different results. [7] For example, in Peters/Fleming[8], it was found that a goldenring and a chain of watches were necessary for an MP`s child. [9] However, a contract cannot apply to Dener if a minor`s needs are properly met or if a purchase may be considered unnecessary. Nash v Inman[10] demonstrated this when a tailor`s claim that the purchase of 11 of a child`s vests fails as needed failed on the grounds that he already had appropriate clothing.
[7] The General Law stipulates that contracts made by children for children are compulsory for children, as are contracts for apprenticeship, employment, education and service delivery in which they properly apply for the good of the child. However, it is recognized that minors and persons considered mentally incapable may be able to enter into binding agreements when acquiring essential goods for subsistence or employment purposes. [2] As a result, contracts relating to needs (goods or services deemed necessary for ordinary life) are still legally binding. [3] Similarly, miners have the ability to enter into employment contracts when the terms of such an agreement are of general use to them. [4] If not, they may choose to circumvent the contract and return their property.