Credit cards, mobile phones and iPods; modern issues of minors and contracts

Ernest M Chua

Contract law has almost universal application in today's society, affecting all manner of actions. One aspect in the formation of a contract is contractual capacity. Although all other elements may be present for a contract to be binding (offer, acceptance, consideration etc.), a 'contract may lack effect because one of the parties...does not have the legal capacity to contract'. One type of individual that may lack the capacity to enter into and be bound by contracts is people under 18 years of age-minors. The law regarding the contractual capacity of minors has developed through both the common law and in some jurisdictions, under statute. The rationale for the law has primarily been the protection of minors from themselves and from (the exploitation of) others. In today's society, it is not only those who are either in or previously had full time employment that are considered consumers. Increasingly, minors are now 'significant consumers of goods and services'. As consumers, minors are increasing being involved with contracts concerning credit cards, mobile phones and iPods. These items have grown from items that may have been once new and in limited use to now being in common use in society. This thesis critically evaluates minors' contract law through considering the application of minors' contract law to credit cards, mobile phones and iPods. After briefly discussing credit cards, mobile phones and iPods, the thesis will consider the history of minors' contract law. This is to properly understand how and why the law has developed as it has. The general common law and specific minors' contract statutes will be both explained and applied to credit cards, mobile phones and iPods to demonstrate the law's current effect. This application identifies issues that, although not directly linked to minors' contract law, raise additional concepts when considering the position of minors in contract law. The general common law and specific minors' contract statues are evaluated and an attempt is made to consider whether one position can be said to be more favourable.

Credit cards, mobile phones and iPods; modern issues of minors and contracts

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