Question

Discuss the views applied in determining the obligations of a minor to the other contracting party on disaffirmance of a contract

Answer 1

Disaffirmance of a contract refers to the right for the person to not abide by the terms of the contract i.e renounce the contract. In order to do so one party must indicate that he or she will not be bound by terms stated in the agreement.

A minor has a right to disaffirm any contract into which whether or not it has been performed.

A minor who has not reached the legal age of majority (18 years) is not legally required to carry out the terms of a contract. A minor only needs to give the intention that he or she wants to disaffirm a contract. The other party, however, remains bound by the contract.Once the minor attains the majority age, any contract that minor has entered before majority age must be either disaffirmed within a reasonable but predetermined period of time. If this doesn't happen the contract is ratified.Minor must state in writing his or her intention not to honor the contract. Once the minor reaches the legal age, if he or she does not disaffirm the contract within the time period and the entire contract becomes binding to both parties.Contract cannot be disaffirmed in parts it has to be disaffirmed completely .There are special cases in which minors cannot disaffirm a contract. Like they cannot disaffirm a contract for necessities such as food, shelter, clothing, healthcare, or employment. Minors may also not disaffirm a contract for the purchase or sale of real estate.

In some countries it's a law that if a contract is preapproved by the court it generally does not give the minor right from cancelling a contract.