Florida Exceptions to a Minor’s Right to Disaffirm
Minor may engage in contracting for necessities and/or employment.
Once performance rendered by minor payment made to minor.
Minor may repudiate/avoid contract within a reasonable time after
In Florida, the legal age is 18 years of age.
Age of majority under Section 743.07 is 18 years of age.
Ratification of Contract Entered as Minor
The act of accepting or giving legal force and validity to a voidable
contractual obligation that was not previously enforceable.
Ratification occurs when a minor, on or after reaching majority, indicates
(expressly or impliedly) an intention to become bound by a contract made
as a minor.
Parental Liability for Minor’s Contract
As a rule, a parent is not liable for the contracts made by minor children.
Exception – Parent co-signs the contract, and thereby assumes
personal liability for its performance.
If parent co-signs, they will be liable even if minor child
subsequently disaffirms contract.
Contractual Capacity – Mental Capacity
Void Contract – Mental Capacity:
A party who has been adjudged
mentally incompetent by a court of law
prior to entering into a contract, and
who has a court-appointed guardian
cannot enter into a legally binding contract and if done so the contract is
(i.e. never legally enforceable)
Note – only the guardian of someone adjudicated mentally
incompetent may enter into a binding contract on behalf of the
Note 2 – If party has not be adjudged incompetent before entering
into contract but was nevertheless incompetent at the time will
create a voidable contract.