Consequences where a minor enters into an electronic contract without necessary assistance of a parent or guardian

Abstract

This paper essentially aims to deal with the principles regulating a contract entered into with a minor without the consent or assistance of his parent or guardian, specifically in the form of an electronic contract concluded online. Since no legislation exists in this regard, it is necessary to fall back on the common law which regulates a contract concluded with a minor. When a minor enters into a contract without the assistance of his parent or guardian, the contract becomes fully binding on the contracting party but not the minor unless it is ratified by his parent or guardian, or the minor himself upon attaining majority. The reason for this is that the minor should be protected against his own immaturity. But it also important to keep in mind the interests of the other party to the contract. The current position seems to favour a minor’s interest in the contract above that of the other party to the contract. It also becomes more difficult to regulate these types of contracts when it has been concluded online. This paper thus investigates the nature of contracts concluded with minors and whether it is necessary that the current law be reconsidered.