Contracts & ExecutionQuestion 794 of 1605
A contractor signs a contract to build an addition, but the person who signed on behalf of the property owner is a 16-year-old minor. What is the likely legal status of the contract?
a.Voidable at the option of the minor because of lack of capacity
b.Automatically void from the start with no remedy
c.Fully binding on the minor like any adult
d.Enforceable only if it was in writing
Explanation
Minors generally lack the legal capacity to be bound by contracts, so a contract signed by a minor is voidable at the minor's option, not automatically void. The minor may disaffirm the contract, but an adult party is generally bound if the minor chooses to enforce it. Capacity, not the writing requirement, is the issue here, and voidable is different from void: a void contract has no legal effect at all, while a voidable one remains valid unless the protected party rescinds it.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)