Legal Documents
Law Firms
Legal Chatbot
Laws
Forum
Quizzes
Login
Join
If I enter into a contract with a minor, will it stand in a court of law?
In my line of business, i interact with many types of clients, some of them are minors i.e. Under the age of 18. If I enter into a contract with a minor, will it stand in a court of law?
Share this post with your network:
Comments:
Maurice
said:
In Kenya, as in many other jurisdictions, contracts with minors are generally considered voidable, meaning, while a contract with a minor is technically valid, the minor has the option to void the contract upon reaching the age of majority(18 years old in Kenya). There are however exceptions to this law such as contracts for necessaries for example food, clothing, shelter, medical services or where the minor's skill is being improved), which may be enforceable.
(
1
)
Mutiso
said:
Contracts with minors are generally considered voidable under Kenyan law. This is because because minors lack the legal capacity to enter into a contract. Please note that the capacity to contract is an essential element of a valid contract. However, there are certain exceptions where minors can enter into a contract. Such exceptions include contracts for necessities (like food and clothing).
(
1
)
Winfred muia
said:
A minor is among the group of people excluded from having the capacity to contract.This is because the law assumes that a minor cannot understand the implications of the contract and therefore contracts with minors are generally considered voidable. However, a minor can therefore enter into a contract although the implications of the contract drafted into the contract will remain protected to the disadvantage of the other party. This means that they are able to cancel any contract at any time before reaching the age of 18 years and for a reasonable period after that time. The law is formulated to safeguard minors who cannot fully understand the consequences of a contract. This does not apply to contracts concerning necessities such as (food, shelter) as well as penalties and bank accounts.
(
0
)
Guidelines:
Stay on topic.
No spam or self-promotion.
No hate speech.
Avoid posting personal information.
Post your comment now
.
Post your comment here:
Related Topics:
Are online contracts enforceable in Kenya?
Can a contract be legally binding even if it's not in writing?
What is the significance of 'capacity to contract' and how does Kenyan law define this?
I work as a freelancer and a client hasn't paid as per our agreement and terms
What really constitutes a legally binding contract in Kenya?
View all topics