Parents or guardians shall _________ for breach of contract by minor:a...
The guardian or parents of a minor is not liable for the acts of the minor, even if the contract is for the supply of necessaries to the minor. However, if a minor acts as an agent of the guardian or parents, the guardian can be held liable for the acts of the minor.
Parents or guardians shall _________ for breach of contract by minor:a...
Liability of Parents for Breach of Contract by Minor
Parents or guardians of a minor are not held liable for breach of contract by the minor. The reasons for this are explained below:
Legal Capacity of a Minor
- A minor is a person who has not attained the age of majority, which is generally 18 years.
- A minor does not have the legal capacity to enter into a contract, and any contract entered into by a minor is voidable at his option.
- Therefore, a minor cannot be held liable for breach of contract, as he lacks the legal capacity to enter into a contract in the first place.
Doctrine of Privity of Contract
- The doctrine of privity of contract means that only parties to a contract can sue or be sued for breach of contract.
- Since a minor is not a party to a contract, he cannot be sued for breach of contract. Therefore, his parents or guardians cannot be held liable for his actions.
Exceptions
- However, there are certain exceptions to this rule. If the parents or guardians have guaranteed the minor's performance of the contract, they can be held liable for breach of contract. For example, if a parent signs a contract on behalf of his minor child, he can be held liable for breach of contract if the child fails to perform his obligations.
- Similarly, if the parents or guardians have induced the other party to enter into a contract with the minor, they can be held liable for any losses suffered by the other party due to the minor's breach of contract.
Conclusion
In conclusion, parents or guardians of a minor are generally not held liable for breach of contract by the minor, as the minor lacks the legal capacity to enter into a contract. However, there are certain exceptions where the parents or guardians can be held liable for the minor's actions.