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Minors' Contracts in the Digital Age.

Shivangi Gangwar1

  • 1Jindal Global Law School, O. P. Jindal Global University, Sonipat, Haryana India.

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PubMed
Summary

Legal minority rules, established pre-digital age, inadequately address modern contracts for minors. A graded approach to contractual liability, similar to criminal law, is proposed, drawing insights from South African law.

Area of Science:

  • Law
  • Digital Age Contracts
  • Minority Legal Status

Background:

  • Traditional laws classify minors as legally incapacitated for contracts.
  • Pre-digital age rules are insufficient for contemporary online transactions.
  • Jurisdictions vary in their approach to minor contract enforceability.

Purpose of the Study:

  • Examine how England, India, and South Africa handle minor contracts in the digital age.
  • Critique the inadequacy of current legal frameworks for modern minor transactions.
  • Propose a revised legal approach for contractual liability concerning minors.

Main Methods:

  • Comparative legal analysis of England, India, and South Africa.
  • Examination of judicial interpretations of 'contracts for necessaries' and 'contracts for benefit'.
Keywords:
Contractual capacityDigital ageIndiaMinoritySouth AfricaUnited Kingdom

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  • Analysis of the mismatch between legal minority definitions and minors' actual contractual activities.

    • Main Results:

    • England and India deem most minor contracts unenforceable, barring exceptions like necessaries.
    • South Africa allows minors over seven to contract with parental consent.
    • Current legal definitions of minority for contract liability are inadequate for the digital era.

    Conclusions:

    • The Indian legal stance on minor contracts requires re-evaluation due to digital realities.
    • A graded system for contractual liability based on age, akin to criminal law, is suggested.
    • The South African model offers potential, though imperfect, solutions for managing minor contracts.