Contracts Made by Minors - Revision history

Drew Jackson at 12:39, 11 October 2018

2018-10-11T12:39:17Z

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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = contracts}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = contracts}}

	In British Columbia, different rules apply to contracts made with minors, defined as someone who is under the age of 19.		In British Columbia, different rules apply to '''contracts made with minors''', defined as someone who is under the age of 19.

	== Client problems==		== Client problems==

Elena Renderos at 02:06, 1 October 2018

2018-10-01T02:06:02Z

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	== Summary of the law ==		== Summary of the law ==
			[[File:Consumer_Law_and_Debt_-_Contracts_Made_by_Minors.jpg\|thumb\|275px\|right\| link=\| <span style="font-size:50%;">Image via www.istockphoto.com</span>]]
	BC’s [http://canlii.ca/t/84gw ''Age of Majority Act''] defines anyone under the age of 19 as an “'''infant'''” (or a “'''minor'''”). There are a number of differences, both in common law and statute law, between the rights and responsibilities of children and those of adults. These differences reflect the notion that minors need greater legal protection than adults in diverse matters, ranging from consenting to medical treatment to entering into credit contracts. In some instances, the differences involve complex principles of law. This section focuses specifically on contracts made by minors (contracts made with people under the age of 19) and, briefly, on the rules for minors using the court system.		BC’s [http://canlii.ca/t/84gw ''Age of Majority Act''] defines anyone under the age of 19 as an “'''infant'''” (or a “'''minor'''”). There are a number of differences, both in common law and statute law, between the rights and responsibilities of children and those of adults. These differences reflect the notion that minors need greater legal protection than adults in diverse matters, ranging from consenting to medical treatment to entering into credit contracts. In some instances, the differences involve complex principles of law. This section focuses specifically on contracts made by minors (contracts made with people under the age of 19) and, briefly, on the rules for minors using the court system.

Elena Renderos at 19:12, 19 September 2018

2018-09-19T19:12:21Z

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	== Related topics and materials==		== Related topics and materials==
	See the other sections under contracts:		See the other sections under contracts:
	* Contracts ~~Overview~~		* [[Contracts Overview]]
	* Contract ~~Defences~~		* [[Contract Defences]]
	* Opting Out and Cooling-off Periods		* [[Opting Out and Cooling-off Periods]]
	* Contract ~~Remedies~~		* [[Contract Remedies]]

	See related topics:		See related topics:
	* Co-signing, Guarantees and Joint ~~Debts~~		* [[Co-signing, Guarantees and Joint Debts]]
	* Credit ~~Cards~~		* [[Credit Cards]]

	See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/contracts contracts].		See also People’s Law School’s pages on [https://www.peopleslawschool.ca/everyday-legal-problems/consumer/contracts contracts].

Elena Renderos at 04:04, 18 September 2018

2018-09-18T04:04:56Z

← Older revision		Revision as of 04:04, 18 September 2018
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	=== Children and court procedure===		=== Children and court procedure===
	The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [http://canlii.ca/t/8571\|Small Claims Rules] impose special restrictions on how a court case can be brought against or by a minor.		The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [http://canlii.ca/t/8571 Small Claims Rules] impose special restrictions on how a court case can be brought against or by a minor.

	In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.		In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.

Elena Renderos at 04:03, 18 September 2018

2018-09-18T04:03:20Z

← Older revision		Revision as of 04:03, 18 September 2018
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	=== Children and court procedure===		=== Children and court procedure===
	The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [[http://canlii.ca/t/8571\|Small Claims Rules]] impose special restrictions on how a court case can be brought against or by a minor.		The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [http://canlii.ca/t/8571\|Small Claims Rules] impose special restrictions on how a court case can be brought against or by a minor.

	In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.		In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.

Elena Renderos at 04:03, 18 September 2018

2018-09-18T04:03:00Z

← Older revision		Revision as of 04:03, 18 September 2018
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	=== Children and court procedure===		=== Children and court procedure===
	The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [[~~Small Claims Ruleshttp~~://canlii.ca/t/8571\|Small Claims Rules]] impose special restrictions on how a court case can be brought against or by a minor.		The [http://canlii.ca/t/8lld Supreme Court Civil Rules] and [[http://canlii.ca/t/8571\|Small Claims Rules]] impose special restrictions on how a court case can be brought against or by a minor.

	In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.		In general, the minor must bring or defend an action through an adult (usually a parent) appointed as a litigation guardian. According to Supreme Court Rule 20-2(2), the minor cannot bring the action alone. Small Claims Rule 17(18) makes Supreme Court Rule 20-2(2) applicable to proceedings in Small Claims Court. When someone brings an action against a minor in either court, the court papers are served on a parent or guardian, rather than the minor.

Elena Renderos at 21:30, 16 September 2018

2018-09-16T21:30:07Z

← Older revision		Revision as of 21:30, 16 September 2018
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	== Information gathering==		== Information gathering==
	In addition to gathering and confirming all information on the financial circumstances of the client, including income and expenses, assets and debts, and future prospects for changes in income, check for guarantors in credit contracts made by minors who are clients. It may be that the creditor has obtained a guarantee from a parent or other responsible individual as part of extending credit to the minor. (See the section on Co-signing, Guarantees and Joint Debts.)		In addition to gathering and confirming all information on the financial circumstances of the client, including income and expenses, assets and debts, and future prospects for changes in income, check for guarantors in credit contracts made by minors who are clients. It may be that the creditor has obtained a guarantee from a parent or other responsible individual as part of extending credit to the minor. (See the section on [[Co-signing, Guarantees and Joint Debts]].)

	== Solving the problem==		== Solving the problem==

Elena Renderos at 21:29, 16 September 2018

2018-09-16T21:29:48Z

← Older revision		Revision as of 21:29, 16 September 2018
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	* Where the minor does not repudiate (cancel in writing) the contract within one year after turning 19.		* Where the minor does not repudiate (cancel in writing) the contract within one year after turning 19.

	Even if the contract is unenforceable against the minor because the exceptions do not apply, there may still be a remedy for either side, depending on the circumstances. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223.html#sec20_smooth section 20] of the ''Infants Act'', either side can apply to the court for a remedy, including payment of compensation, return of property, or discharge of the contract (see the section on Contract Remedies). When making such an order, the court considers all the circumstances surrounding the making of the contract.		Even if the contract is unenforceable against the minor because the exceptions do not apply, there may still be a remedy for either side, depending on the circumstances. Under [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223.html#sec20_smooth section 20] of the ''Infants Act'', either side can apply to the court for a remedy, including payment of compensation, return of property, or discharge of the contract (see the section on [[Contract Remedies]]). When making such an order, the court considers all the circumstances surrounding the making of the contract.

	According to [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223.html#sec23_smooth section 23] of the ''Infants Act'', a guarantor to a contract made by a minor is liable on (responsible for) the guarantee regardless of whether the contract is enforceable against the minor.		According to [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-223/latest/rsbc-1996-c-223.html#sec23_smooth section 23] of the ''Infants Act'', a guarantor to a contract made by a minor is liable on (responsible for) the guarantee regardless of whether the contract is enforceable against the minor.

Elena Renderos at 19:16, 3 September 2018

2018-09-03T19:16:40Z

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 {{REVIEWEDPLS | reviewer = [[Alison Ward]]|date= August 2018}}{{Consumer and Debt Law TOC|expanded = contracts}}
-{{ambox
+In British Columbia, different rules apply to contracts made with minors, defined as someone who is under the age of 19.
-| type       = content
-| small      = center
+== Client problems==
-| image      =
+* Client under 19 years of age wants advice about getting credit.
-| smallimage =
+* Client wants to know what rights there are for suing a person under age 19.
-| textstyle  =
+* Client wants to know if they will be responsible, as a guarantor, for the credit contracts of a person under age 19.
-| text       = This page is in the process of being updated. Please check back shortly.<br>
+* Client or client’s parents want to know about suing or defending a court case where client is under age 19.
-| smalltext  =
-}}
+== Summary of the law ==
 {{Consumer and Debt Law Navbox|type = consumer}}

Drew Jackson at 03:56, 29 August 2018

2018-08-29T03:56:52Z

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	{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= ~~June~~ 2018}}{{Consumer and Debt Law TOC\|expanded = contracts}}		{{REVIEWEDPLS \| reviewer = [[Alison Ward]]\|date= August 2018}}{{Consumer and Debt Law TOC\|expanded = contracts}}

	{{ambox		{{ambox