Question
Although contracts are generally enforceable, there is an exception to this general rule. In particular, the law will protect minors from the enforcement of contracts
Although contracts are generally enforceable, there is an exception to this general rule. In particular, the law will protect minors from the enforcement of contracts that may not be in their best interests. As such, business may not be able to enforce contracts that they enter into with minors. Does this seem fair? From whose point of view? Is it enough to protect business to ask if you are 18 before making a purchase online? What if they use their parent's credit card? Can a minor bind their parents? Can a business protect itself from liability through their parents (i.e. a waiver for participation in activities) or attach liability or to a parent of minor? How does this differ (if at all) from the Parental Responsibility Act in Ontario where parents can be held liable for tortious acts of their children?
Suggested Resources:
Pembroke parent gets $8K Xbox bill after son racks up charges
https://www.mondaq.com/canada/insurance-laws-and-products/833398/minors-the-special-case-of-liability-waivers
Sample Parental Waiver
https://mccagueborlack.com/emails/articles/parental-waivers.html
Parental Responsibility Act Ontario (Note Small Claims Court limits in Ontario has now risen to $35,000).
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