An excerpt from an article written by Richard Stim, Attorney.
Minors Have No Capacity to Contract
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging. Also, a minor can void a contract for lack of capacity only while still under the age of majority. In most states, if a minor turns 18 and hasn't done anything to void the contract, then the contract can no longer be voided. (1.) For further clarifications concerning contracting with minors please see the footnotes. (2.), (3.)
Minors Have No Capacity to Contract
Minors (those under the age of 18, in most states) lack the capacity to make a contract. So a minor who signs a contract can either honor the deal or void the contract. There are a few exceptions, however. For example, in most states, a minor cannot void a contract for necessities like food, clothing, and lodging. Also, a minor can void a contract for lack of capacity only while still under the age of majority. In most states, if a minor turns 18 and hasn't done anything to void the contract, then the contract can no longer be voided. (1.) For further clarifications concerning contracting with minors please see the footnotes. (2.), (3.)
A contradictory view point
According to the website on contractual law named https://contract-law.laws.com/consideration/minors
Minors have limited ability to enter into a contract agreement. A minor in a contract law case is anyone under the age of eighteen. There are several circumstances under which a person below the age of eighteen may have the full legal capacity to enter into a contract. If a person is married while under eighteen years of age, they usually are held to the full capability to enter into contracts, although this is determined on a State by State basis.
Emancipation may also cause an individual to cease to be considered a minor. Emancipation is a legal process which takes place when an individual who has not yet reached the normal age of majority can be declared to no longer be a minor if they are paying their own bills, supplying their own place of residence, and are no longer reliant upon their parent or legal guardian in any way.
A minor who has been emancipated has all the contractual rights and obligations of a person who has reached the age of majority. Unless the minor has been emancipated, they have distinct contractual rights.
Minors have limited ability to enter into a contract agreement. A minor in a contract law case is anyone under the age of eighteen. There are several circumstances under which a person below the age of eighteen may have the full legal capacity to enter into a contract. If a person is married while under eighteen years of age, they usually are held to the full capability to enter into contracts, although this is determined on a State by State basis.
Emancipation may also cause an individual to cease to be considered a minor. Emancipation is a legal process which takes place when an individual who has not yet reached the normal age of majority can be declared to no longer be a minor if they are paying their own bills, supplying their own place of residence, and are no longer reliant upon their parent or legal guardian in any way.
A minor who has been emancipated has all the contractual rights and obligations of a person who has reached the age of majority. Unless the minor has been emancipated, they have distinct contractual rights.
That clarifies the matter doesn't it?
So while a minor (anyone below the age of eighteen (18) years of age can enter into a contract does this rectify the issue of whether a child can give consent? Is there not levels of consent in regards to contracts? How is it that a minor can be married, a minor or child can be emancipated, and we are still not clear on a child's capacity of consent. And let us be extremely clear here, when we are discussing consent, we are meaning sexual consent. These issues/questions we will explore further in the next article.
Which states in the United States allow contracting with minors.
New York, Texas and California. (4.)
1./http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html (no date is given for when the article was written or posted.)
2./https://contracts.uslegal.com/contract-by-a-minor/
3./http://contract-law.laws.com/consideration/minors
4./http://blogs.findlaw.com/law_and_life/2014/03/is-it-legal-to-sign-a-contract-with-a-minor.html
5. https// http://childcarelaw.org/wp-content/uploads/2014/06/Know-the-Law-About-Contracts-Between-Parents-and-Child-Care-Providers-in-California.pdf
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