Question: McKendrick comments that, despite the enactment of the Minors' Contracts Act 1987, 'the rules of law remain in need of further rationalisation in an effort to provide a better balance between, on the one hand, the protection of minors and, on the other hand, the interests of those who deal in all good faith with them' (Contract Law.)
Do you agree?
Answer: English law adopts a protective approach to the question of minors' contracts (a ‘minor' being any person under the age of 18). Those under the age of 18 are thought to need protection from exploitation from unprincipled traders, so the presumption is that all contracts made by minors are unenforceable against them.
There are, however, a number of exceptions to this general rule. Some of these, as we shall see, however, are themselves designed for the benefit of the minor. The Minors' Contracts Act 1987 altered the rules applying to minors' contracts with the aim and effect of improving the position of those who deal with minors. The changes were not comprehensive, though, and many of the rules which applied before 1987 continue to operate in the minor’s favour....(short extract)
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- Subject: Law
- Course: Contract Law
- Level: Degree
- Year: 2nd/3rd
- Mark: 72%
- Words: 1384
- Date submitted: February 12, 2009
- Date written: Not available
- References: No
- Document type: Essay*
- Essay ID: 796
