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- The infancy defense has existed for ages as a common law de-fense to liability under a contract to protect those who are legally incom-petent from entering into unwise bargains. The doctrine essentially al-lows children to avoid liability under unfavorable contracts.
digitalcommons.law.seattleu.edu › cgi › viewcontentThe Infancy Defense in the Modern Contract Age: A Useful Vestige
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This article evaluates the infancy doctrine in light of the scientific evidence on the decision making capacities of adolescents and their technology savvy and purchasing power, in the context of dramatic erosion of the protections in traditional contract doctrine.
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The infancy defense has existed for ages as a common law de-fense to liability under a contract to protect those who are legally incom-petent from entering into unwise bargains. The doctrine essentially al-lows children to avoid liability under unfavorable contracts.
- Victoria Slade
- 2011
- Brandon T. Crowther
- SANTA CLARA LAW REVIEW
- INFANCY DOCTRINE INQUIRIES
- B. The Exceptions and Defenses
- INFANCY DOCTRINE INQUIRIES
- INFANCY DOCTRINE INQUIRIES
- SANTA CLARA LAW REVIEW
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include a fairly complex set of interpretive nuances and exceptions. As a matter of doctrine, these nuances and exceptions are fairly susceptible to neat packaging; and in some states, most elements are clearly laid out by statute. Perhaps because the doctrine is sufficiently clear to permit most cases to be resolved on summary judgment, not many r...
these developments, the courts have been willing to lower the legal standards for recognizing assent to contractual terms and have become increasingly tolerant of oppressive terms.4 At the same time, minors have increasing access to money and are now a significant market segment. These recent trends in markets as well as in contract practice and la...
The law has responded to concerns about the infancy doctrine's potential unfairness in a variety of ways. The harshness of the result of the infancy doctrine, the lack of sympathy engendered by some minors who assert the infancy doctrine, and the doctrine's obviously arbitrary age cutoff that may be unjust in particular cases have led courts to lim...
not statutorily provide for complete contractual capacity through emancipation, they frequently have limited emancipation statutes that generally provide more lenient conditions for minors to validly contract for medical services.43 Of the states that accept the common law version of emancipation, the effect may simply be that the definition of "ne...
still ample opportunities for minors to contract in situations where they can disaffirm, particularly outside of the traditional purchase contract.
[Vol. 52 CONCLUSION The infancy doctrine remains a well-established doctrine in the United States despite the infrequent, but vehement opposition to it. It exists today as a firm protection for minors in the economic marketplace, although with largely misunderstood contours. The law has struggled to adapt to a changing social landscape and the resu...
10. See infra Part V.B (explaining that both adults and minors are unaware of the contract’s rights, obligations, and consequences they are agreeing to when entering into online contracts). 11. See infra Part III.C (discussing the ways in which courts are limiting a minor’s right to disaffirm a contract).
Apr 21, 2015 · The “infancy doctrine,” developed under common law, generally requires a parental signature when an individual under the age of eighteen enters into a contract. The NCAA requires a parent’s signature on the NLI of a student-athlete under the age of twenty-one. [11]
Dec 13, 2010 · Abstract. This Note argues that the state of a modern consumer society, when evaluated against the culture of marketing and consumerism surrounding America’s youth, calls for persisting protection of children in contract formation through retention of the infancy defense.
Therefore, both countries allow minors to avoid contracts that they have made, with some exceptions. This is known as the 'infancy doctrine.'3 However, although U.S. law is based on and was once the same as English law, U.S. law has evolved such that the law in the majority of.
