Question

Carmen Ruiz is 17 years old and works in an office supply store. As part of her employment contract, Carmen agreed to mandatory arbitration to resolve employment disputes. Carmen was recently terminated from her job for refusing to work extra hours after her assigned shift ended. Her father, Jose, filed a lawsuit on Carmen’s behalf for wrongful termination. The office supply store asked the court to dismiss the lawsuit because Carmen had voluntarily signed the employment agreement to settle employment disputes through arbitration.

1. Explain the implications of a minor entering into a contract.
2. Assuming the arbitration agreement is legally enforceable and arose as part of her employment contract, could a court rule that arbitration was not legally required as a matter of contract law?
3. Consider the alternative scenario in which Carmen is an emancipated minor who voluntarily signed the mandatory arbitration agreement. Explain what emancipation is and how it impacts a minor’s legal rights and obligations.

Answer 1

a. The agreement entered into with a minor is void at the start i.e. null and void from the start. it's absoultely null and void and destitue of any legal effects. therefore there's no space for legal consequences. The agreement with a minor is taken into account to be no agreement.

Estoppel: If a minor makes a false illustration regarding his age and contracts, he shall not be chargeable for his act .

(b) Liability: No liability in wrongful conduct arising out of contract, however he's chargeable for the wrongful conduct.

(c) Restitution: A minor needn't come back or restitute the advantages received below

(d) commendation: Ratification means that future sanction. A minor's agreement is void and being nonexistence has no existence within the eye of the law and thus it can't be sanctioned, it cannot support a recent promise by the child once attainment of majority.

(e) Performance: Minor can't be sued for carrying out

b. affirmative a court will rule that arbitration was lawfully needed as a matter of law.

c. liberation is that the court method through that a minor becomes a legal adult to blame for his or her own care. A minor needs to meet bound necessities for the court to grant him or her liberation. once these necessities ar met, the choose considers the "best interests" of the kid. This best interest construct is analogous to the simplest interests thought-about in support payment cases.