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Editing Contracts/Lack of capacity
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The definition of an ''infant'' or ''minor'' varies, each state reflecting local [[culture]] and [[prejudice]]s in defining the [[age of majority]], [[marriageable age]], [[voting age]], etc. In many [[jurisdiction (area)|jurisdiction]]s, legal [[contract]]s, in which (at least) one of the contracting parties is a minor, are voidable by the minor. For a minor to undergo [[medical procedure]], [[consent]] is determined by the minor's parent(s) or [[legal guardian]](s). The right to vote in the United States is currently set at 18 years, while the right to buy and consume [[alcohol (drug)|alcohol]] is often set at 21 years by U.S. [[state law]]. Some laws, such as marriage laws, may differentiate between the sexes and allow women to marry younger. There are instances in which a person may be able to gain capacity earlier than the prescribed time through a process of [[Emancipation of minors|emancipation]]. Conversely, many states allow the inexperience of childhood to be an excusing condition to criminal liability and set the [[age of criminal responsibility]] to match the local experience of emerging behavioral problems (see ''[[doli incapax]]''). For sexual crimes, the [[age of consent]] determines the potential liability of [[adult]] accused. | The definition of an ''infant'' or ''minor'' varies, each state reflecting local [[culture]] and [[prejudice]]s in defining the [[age of majority]], [[marriageable age]], [[voting age]], etc. In many [[jurisdiction (area)|jurisdiction]]s, legal [[contract]]s, in which (at least) one of the contracting parties is a minor, are voidable by the minor. For a minor to undergo [[medical procedure]], [[consent]] is determined by the minor's parent(s) or [[legal guardian]](s). The right to vote in the United States is currently set at 18 years, while the right to buy and consume [[alcohol (drug)|alcohol]] is often set at 21 years by U.S. [[state law]]. Some laws, such as marriage laws, may differentiate between the sexes and allow women to marry younger. There are instances in which a person may be able to gain capacity earlier than the prescribed time through a process of [[Emancipation of minors|emancipation]]. Conversely, many states allow the inexperience of childhood to be an excusing condition to criminal liability and set the [[age of criminal responsibility]] to match the local experience of emerging behavioral problems (see ''[[doli incapax]]''). For sexual crimes, the [[age of consent]] determines the potential liability of [[adult]] accused. | ||
As an example of liability in contract, the law in most of Canada provides that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for beneficial contracts of service. Infants must pay fair price only for necessary goods and services. However, the [[British Columbia]] ''[ | As an example of liability in contract, the law in most of Canada provides that an infant is not bound by the contracts he or she enters into except for the purchase of necessaries and for beneficial contracts of service. Infants must pay fair price only for necessary goods and services. However, the [[British Columbia]] ''[http://www.qp.gov.bc.ca/statreg/stat/I/96223_01.htm Infants Act]'' (RSBC 1996 c.223) declares all contracts, including necessities and beneficial contracts of service, are unenforceable against an infant. Only student loans and other contracts made specifically enforceable by statute will be binding on infants in that province. | ||
In contracts between an adult and an infant, adults are bound but infants may escape contracts at their option (i.e. the contract is voidable). Infants may ratify a contract on reaching age of majority. In the case of executed contracts, when the infant has obtained some benefit under the contract, he/she cannot avoid obligations unless what was obtained was of no value. Upon repudiation of a contract, either party can apply to the court. The court may order restitution, damages, or discharge the contract. All contracts involving the transfer of real estate are considered valid until ruled otherwise. | In contracts between an adult and an infant, adults are bound but infants may escape contracts at their option (i.e. the contract is voidable). Infants may ratify a contract on reaching age of majority. In the case of executed contracts, when the infant has obtained some benefit under the contract, he/she cannot avoid obligations unless what was obtained was of no value. Upon repudiation of a contract, either party can apply to the court. The court may order restitution, damages, or discharge the contract. All contracts involving the transfer of real estate are considered valid until ruled otherwise. |