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I was, I know I know shame on me ... watching Judge Judy last night when I got home from work and they had a "case" where a 17 year old had entered into a contract. Im not going to go into the whole story of the "case", but it was basically thrown out because a contract can not be enforced if the signee is classed as a minor at the time they signed.
I know when I opened my bank account I was a minor, does this same "not enforcable if a minor" law apply in the UK, or is it just the US?
It doesn't really matter to me, but I was just wondering as it might help someone in here.
EDIT : Just found this " at common law a contract with a minor - a person under the age of 18 - although binding on the other party as an adult or corporation, is voidable at the option of the minor"
01/08/06- Royal Bank of Scotland - S.A.R sent 24/08/06- Royal Bank of Scotland - Statements Received 31/08/06- Royal Bank of Scotland - 1st Request sent 13/09/06- Royal Bank of Scotland - LBA sent 23/09/06- Royal Bank of Scotland - Offer received £1544 (Thanks but no thanks) 02/10/06- Royal Bank of Scotland - *WON* Full settlement
07/07/09- First Plus PPI - S.A.R sent 18/07/09- First Plus PPI - S.A.R received
22/07/09- First Plus PPI - Initial request sent
I happened to watch Judge Judy too.....the girl with the car that looked older.
It is an interseting point as most 16 year olds are allowed to open bank accounts, although I think they are not entitled to overdraft facilities which might encourage debt. However, I may be wrong about that as the whole banking ethos is to encourage the young, vulnerable and gullible, to become in debt. Hence all the offers they throw at students to entice them into opening accounts.
Anyone under the age of 18 is not allowed credit under the age of 18 so any charges prior to that age have to be refunded as the person cannot be charged if they are under 18. If you have then it is automatic refund regardless
The law in UK is similar but has its differences. In UK a minor is able to enter into contracts. The question that arises is whether those contracts are enforceable againt the minor. In most cases they are not, with the exception of contracts that fall into the catergory of 'necessities'. A bank account could be a necessity and therefore, its terms and conditions enforceable.
There is no implied contract issue to be considered, as has been suggested and very often misunderstood.
There is no implied contract issue to be considered, as has been suggested and very often misunderstood.
Do you have some undiscovered statute which suggests a contract must be in writing and signed in ink?
If the initial contract was signed by a minor, it is a perfectly valid argument that if they continue to use the account after they are 18, it implies they intend to be still bound by the terms of the agreement, as there is arguably assent to the contract. Of course, that does mean that the actual things the bank can enforce are severely limited, and for anything other than the most basic provisions of the bank account (which in C21 are now sadly a necessity) they are not enforceable before 18 anyway.
Any bank that knows what it's doing should get a signature from the customer after turning 18 before getting a new account - when I achieved this age and enquired about it, I was told that "for legal reasons" my bank could not upgrade my existing U19 account, but could give me a new current account and arrange for the U19 to be closed.
My wifes account which we are claiming for charges for was orriginally opened by her when she was like 14. She has never signed anything since on the account but still been charged. Do you all think this is worth mentioning in my claim ?
I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.
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In response to the post by Meagain...i'm not sure what you are refering to...the original issue was whether contracts against minors were enforceable. The issue you now raise is whether a contract entered into as a minor is still valid and enforceable once that minor reaches the age of 18.
My original post refers to the contract entered into by the minor, whilst a minor. In those cases there isnt an issue of whether there is a contract or whether one can be implied for one to become enforceable, unless the existence of a contract is disputed.
My original post refers to the contract entered into by the minor, whilst a minor. In those cases there isnt an issue of whether there is a contract or whether one can be implied for one to become enforceable, unless the existence of a contract is disputed.
The issue of what happens when they turn 18 is pretty relevant, since (lack of death permitting) it's an inevitable occurence.
Judge Judy!
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Re: Judge Judy!
Originally Posted by S J
