Understanding a Minor’s Legal Capacity to Disaffirm Contracts
Hello, I’m OKC business attorney Dillan Savage of Wirth Law Office, and I work primarily in the Oklahoma City, Oklahoma area. Today, we are going to be discussing the power of a minor to disaffirm a contract that they have entered into.
In the event that a minor has entered into a contract for services, goods, or any other agreements, that minor is allowed to disaffirm or cancel the contract without being held accountable. This legal right exists until they reach the age of majority, which is defined as 18 years old.
Details on Disaffirmation Rights
If a minor turns 18, they still have up to a year to disaffirm the contract they entered into while they were still a minor. Additionally, if the minor unfortunately passes away, their estate retains the same one-year period to disaffirm that contract.
However, there are specific instances where the rules may differ slightly. For example, if a minor aged 16 to 18 has paid for repairs or other services related to a motor vehicle, they can disaffirm that contract. In such cases, they must restore the consideration to the other party, meaning they need to return the value they received.
Exceptions and Considerations
This requirement to restore consideration generally only applies to motor vehicles. Additionally, there are specific rules regarding necessities that will be addressed in a later video.
If you found this video to be helpful or believe it could assist someone else, please visit TheOklahomaCityAttorney.com. I’m Oklahoma City contract attorney Dillan Savage and thank you for watching.
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If you have questions about a minor’s ability to disaffirm contracts, don’t hesitate to reach out. Call us at 405-888-5400 for a low-cost consultation.
