Emancipation is the removal of disability of nonage

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Emancipation is the removal of disability of nonage. It is the act by which a minor gains all the rights and responsibilities of an adult. Court must be satisfied that emancipation is in the minor’s best interest. If so, court will enter order removing the disabilities of nonage and authorize the minor to perform all acts that the minor could do if he or she were 18 years of age. Emancipation doesn’t change effect of drinking and voting ages. o Misrepresentations Regarding Age Most states permit disaffirmance even if the minor misrepresented his or her age when entering contract. However, some states prohibit disaffirmance in such instances. Other states allow disaffirmance for a minor’s misrepresentation of age, but will require minor to return consideration received as a precondition to disaffirming. o Liability for Necessaries A minor who enters into a contract to purchase food, shelter, clothing, medical attention, or other goods or services necessary to maintain his/her well-being will generally be liable for the reasonable value of those goods and services even if he/she disaffirms the contract.
Florida Exceptions to a Minor’s Right to Disaffirm o Minor may engage in contracting for necessities and/or employment. o Once performance rendered by minor payment made to minor. o Minor may repudiate/avoid contract within a reasonable time after reaching majority. 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 Ratification o 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 Parental Liability: o 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: o 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 void (i.e. never legally enforceable) Note – only the guardian of someone adjudicated mentally incompetent may enter into a binding contract on behalf of the incompetent party. 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.

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