These are the six elements that make a contract valid under the law. The contract of minors falls under the capacity to contract. A legal contract is binding when the parties to the contract are legally capable of signing the contract. A contract with a minor does not fall under the capacity to contract. Because a minor is not capable of contracting until the age of 18. If a person is entering into the contract with a minor, whether oral or written, the contract will stand void in the court of law if the minor does not fulfill the terms of the contract. The capacity to contract plays an eminent part in defining the capabilities of a contract.
Parental rights are an important aspect of defining liability. It does not matter the parents are biological or court-appointed; they will have the same rights and responsibilities.
Following are the rights of parents:
Right to make major decisions about childâ€™s education, religious upbringing, and health
Right to visit the child and regular interaction
Right to gift the property or inheritance
Right to the childâ€™s earning
These are the parental rights that may vary in the case of divorced or separated parents. A parent has a responsibility to meet the basic needs of a child. Also, a parent must have to support a child until he/she attains the age of majority, i.e., 18 years.
Can a Minorâ€™s Acts Ever Hold Accountable?
In California, certain circumstances under which a minorâ€™s act can be held liable for the injuries caused by him/her. In those cases, the law allows a victim to file a suit against the parents of a minor or guardians, as the case may be.
Following is the list of circumstances where a minorâ€™s act is held liable for a lawsuit:
If a minor willfully conducts an act, then California law allows a suit to be filed against legal parents or guardians.
If a minor is involved in rash driving or using electronics while driving and injuring someone due to his/her negligence. Then, if a parent has given an implied or expressed authority and signed the application for a driverâ€™s license, they will be liable for summoning by the victim.
If a minor has stolen money from a school, merchant, or library, then his/her parents would have imputed liability.
These are the few cases where a minorâ€™s act would not align with his/her age and hold him/her liable for the same.
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