Friday, June 28, 2013

More on Parental Consent for Contracts

Dear Rich: In yesterday's blog, you mentioned that a parent's consent should be obtained when contracting with minors. What's the effect of a parent signing the agreement with the statement that you note? Do you think the parent's signature cuts off the minor's right to void the license agreement while still a minor? As a general rule, a minor can void an agreement signed while under the age of consent (18 in most states) prior to reaching the age of consent. If a parent or guardian co-signs an agreement with a minor, the parent is obligated to fulfill the contractual obligation (if possible) or compensate for the damages caused by the termination of the contract. For that reason, assignments by a minor typically include parental consents such as this one for magazine submissions, or this one used for student entries in a contest. We caveat this by saying we have not found any cases where a minor sought to void a copyright assignment or copyright license that was co-signed by a parent or guardian ... so we can't guarantee that a parental consent on a license will be enforced. However, by analogy, patent law does not require consent by a minor's legal representative for oaths or declarations.
Contracts that can't be voided. In some states -- for example, California and New York, certain contracts with minors (and with a parental consent) can be approved by a court thereby making it relatively bullet proof from attack by a minor. And although we didn't get into the details in our previous post, certain contracts -- whether or not a parent co-signs -- cannot be disaffirmed by a minor if they are for payment of taxes, banking agreements, military obligations, or necessities. (Also parental consents releasing a minor from injuries -- for example, a release at a ski resort -- may not always be binding on a minor.)

4 comments:

  1. Actually, a parent's mere consent wouldn't bind the parent to perform the contract. That would take a Guarantee, wouldn't it?

    Also, in a personal services contract, such as an actor deal, the parent couldn't actually perform anyway, so even a guarantee is ineffective.

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  2. Yes, we don't see how a parent's co-signing of a personal services contract could guarantee performance; we imagine that's why ratification by the court is available in some states.

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  3. Rich, you're dead wrong regarding parental guarentees

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    1. thanks for your comments ... please enlighten us

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