contracts between minors and majors (adults)
ADVICE ON CONTRACTS ENTERED INTO BETWEEN MAJORITIES AND MINORS.
AUTHOR: KATALILO JOY
INTRODUCTION
This paper is aimed at discussing contracts entered into between a majority and a minor. The discussion will centre on two scenarios whose facts are given below as follows:
FACTS
Scenario 1
A proprietor of a computing training school enters into a contract with one of his students. The student is below the age of 18 years at the time the contract is made. The terms of the contract are that the proprietor waives tuition payment of the student for two years. The student promises to work for the proprietor after finishing school for two years in exchange of the tuition waiver.
The student has just finished his course and has attained majority and has been offered a lucrative position by Microsoft incorporated which he has accepted.
Scenario 2
The same student above had obtained a gold wrist watch worth K15, 000= and a laptop worth K18, 000=, during the period of training in computers, from a named business man on credit and had promised to pay. The student has been eluding the businessman. The businessman has just been told that the student has no intention of paying him the money by a friend of the student who had attended the student’s 18th birthday two days ago.
ISSUE(s)
Can the proprietor of the computing school and the businessman enforce the contracts against the student?
The Law/rules
1) The general rule of English law is that any person is competent to bind himself to any contract he chooses to make, provided that it is not illegal or void for reasons of public policy.
2) At common law there are exceptions to this rule in the case of corporations, minors, and married women, mentally incompetent and intoxicated persons.
3) Contracts with minors, under common law, are such that a contract with a minor is not enforceable on the minor but the minor can enforce it on
AUTHOR: KATALILO JOY
INTRODUCTION
This paper is aimed at discussing contracts entered into between a majority and a minor. The discussion will centre on two scenarios whose facts are given below as follows:
FACTS
Scenario 1
A proprietor of a computing training school enters into a contract with one of his students. The student is below the age of 18 years at the time the contract is made. The terms of the contract are that the proprietor waives tuition payment of the student for two years. The student promises to work for the proprietor after finishing school for two years in exchange of the tuition waiver.
The student has just finished his course and has attained majority and has been offered a lucrative position by Microsoft incorporated which he has accepted.
Scenario 2
The same student above had obtained a gold wrist watch worth K15, 000= and a laptop worth K18, 000=, during the period of training in computers, from a named business man on credit and had promised to pay. The student has been eluding the businessman. The businessman has just been told that the student has no intention of paying him the money by a friend of the student who had attended the student’s 18th birthday two days ago.
ISSUE(s)
Can the proprietor of the computing school and the businessman enforce the contracts against the student?
The Law/rules
1) The general rule of English law is that any person is competent to bind himself to any contract he chooses to make, provided that it is not illegal or void for reasons of public policy.
2) At common law there are exceptions to this rule in the case of corporations, minors, and married women, mentally incompetent and intoxicated persons.
3) Contracts with minors, under common law, are such that a contract with a minor is not enforceable on the minor but the minor can enforce it on